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Government 


in 


Virginia 


Copyright 1924 
by 

Rosewell Page 




Government in Virginia 


By 


ROSEWELL PAGE, D. Litt. 


Of all the various modes and forms of government that is 
best which is capable of producing the greatest degree of 
happiness and safety and is most effectually secured against 
the danger of maladministration. 

—Virginia Bill of Rights. 



o » 


RICHMOND: 
Williams Printing Company 
1924 


\ q 2-4 


NOTE WELL 


Consult Index by Section at end of Volume. 
It is both Questionnaire and Key, and intended 
to be used in place of questions sometimes put 
at the end of chapters. 


AUG 1474 

© Cl A 8 014 6 2 


'ft O / 


Government in Virginia 


TABLE OF CONTENTS 


Page 

Introduction _ 3 

The Definition_ 5 

Supreme Power_ 6 

Division of Powers_,—- 10 

Legislative Department_11 

Electorate or Voters_ 13 

Executive Department _ 18 

Judiciary Department_24 

County Government_30 

City and Town Government_ 32 

Boards, Bureaus and Commissions _36*115 

The Literary Fund_41 

Retired Teachers’ Pension Fund_44 

School Loan Act_45 

School Revenue_ 47 

Highway System_ 66 

Prohibition Department_90 

Public Institutions and Prisons _123 

State Accountant_ 126 

Budget System _ 128 

Public Debt _130 

West Virginia Debt_135 

West Virginia Settlement_145 

The Revenue _149 

Segregation and Taxation_150 

Receipts and Disbursements_152 

Fee System _158 

Great Legislative Acts _163 

Checks and Balances__ 

Conclusion _168 

































Dedication 

[ Section 1 ] 

To those who help to administer the gov¬ 
ernment faithfully:—From the Governor to 
the First Year School Teacher; from the Gen¬ 
eral Assembly to the Clerk of the Board of 
Supervisors or Town Council; from the Court 
of Appeals to the remote County Magistrate; 
and to all who realize that “Public Office is 
a Public Trust,” and that “all political power 
is vested in and derived from the people.” 












Introduction 

[ Section 2 ] 

I propose to write of Government in such a way as I 
hope may inform those who have not the time, nor wish to 
read a treatise of too much detail or a volume of too great 
bulk. Each subject must be studied by the Index which 
is both questionaire and key. 

[ Section 3 ] 

The value of the work must be judged by the work 
Itself. The writer feels that he may write of the subject 
because he has studied it for forty years and has had some 
experience in both local and state affairs. He has served 
as a member of the Board of Supervisors of his County, 
and for two terms was in the House of Delegates where 
he was Chairman of the Committee on Courts of Justice, 
and a member of the Committee on Schools and Colleges. 
He is now with the Executive Department of the Govern¬ 
ment, and as one of the two Auditors, is in close touch 
with the administration of public affairs, particularly with 
the Revenue, the School system and the Public Debt. He 
is President of the Commonwealth’s Board of Sinking Fund 
Commissioners. And he also has had some experience in 
the judicial branch of the State Government, for in the Es¬ 
cheated Bank Deposit cases of which there are more than 
four thousand on the docket, he is Judge in a Court which 
is one of the few which never adjourns. 


Government in Virginia. 


1. The Definition. 

[ Section 4 ] 

The definition of Government in Virginia is meant 
to include whatever agency is employed to guide the Com¬ 
monwealth in her efforts to establish, enforce and maintain 
the law, long ago defined as “a rule of civil conduct pre¬ 
scribed by the highest law-making power commanding 
what is good and forbidding what is bad.” That agency, 
so far as this work is concerned, may be the Constitutional 
Convention, the General Assembly (the legal name for the 
Legislature), the Commissions, the Courts, or the Execu¬ 
tive. It embraces the government of localities, whatever 
system they may use, whether County Boards of Super¬ 
visors, City or Town Councils, Managers or Committees, 
Electoral Boards, School Electoral Boards, School Trustee 
Boards, Magistrate’s Courts, with the duties performed by 
Clerks and local officers such as Assessors, and Commis¬ 
sioners of the Revenue, Sheriffs, Treasurers, Road Com¬ 
missioners, Superintendents of the Poor, Constables and 
County Surveyors, no less than the Government of the 
Commonwealth with her centrally located offices at the 
Capital and her various departments dealing with every 
section and subject connected with the orderly conduct of 
a free and sovereign people. 

Such Departments, Commissions, Bureaus, Boards and 
all Commonwealth, or local agencies, I hope, shall be so 
described that the student or reader may know how the 
laws of the Commonwealth are made and executed; how 
the Revenue is collected and distributed, how the Schools 
are organized and taught, how the Roads are built and fin¬ 
anced, what the Public Debt is, how it was incurred and 
how it is being satisfied. There are a great number of 



6 


Government in Virginia 


officers in the state. This work I hope will give an accur¬ 
ate account of them and their duties, and tell how those 
duties are performed. 

II. The Supreme Power. 

[ Section 5 ] 

Government in Virginia as George Mason wrote in the 
Bill of Rights, adopted that summer day, June 12, 1776, as 
part of the preamble to the first Constitution of the Com¬ 
monwealth, adopted June 29, 1776, five days before Jeffer¬ 
son’s Declaration of Independence, rests on the fact “that 
all power is vested in and consequently derived from the 
people.” It is commonly expressed as “the Consent of the 
Governed.” That was the first written Constitution of a 
Representative Government ever adopted. This state¬ 
ment is made with knowledge of the Twelve Tables, the 
Amphictyonic Council, Magna Carta, the English Declar¬ 
ation of Rights, the Yeardley Convention, the Mayflower 
Compact, and the Connecticut Trecking Resolves. The Bill 
of Rights became the ten Amendments to the U. S. Con¬ 
stitution by 1791. 

[ Section 6 ] 

Virginia lives under a threefold form of Government, 
Federal, State and Local, each well defined, the first two and 
the last two having at times a common jurisdiction, that is, 
each can punish for the same offense, or tax the same prop¬ 
erty. The Federal or United States Constitution as a- 
mended, while it exists, is the supreme law as to all matters 
embraced in it, because the Constitution of September, 
1787, made in Philadelphia with George Washington as 
President of the Convention was ratified by Virginia and 
a sufficient number of other states to make it valid. This 
adoption by Virginia was made against the protest of Pat¬ 
rick Henry, George Mason, William Grayson and other 
great Virginians, and only prevailed by a small majority, 
though advocated by John Marshall, James Madison, Ed¬ 
mund Randolph, Henry Lee and other great Virginians, 




The Supreme Power 


7 


Amendments have from time to time been made to the 
number of nineteen—sometimes without Virginia’s vote 
as in the case of the latest one, removing the disability of 
suffrage because of sex. An amendment to the Consti¬ 
tution of the United States declares that all powers not 
delegated to the United States by the Constitution nor pro¬ 
hibited by it to the States, are reserved to the States re¬ 
spectively or to the people. And the Bill of Rights in the 
Virginia Constitution declares that the rights enumerated 
in such Bill of Rights shall not be construed to limit other 
rights of the people not herein expressed. 

[ Section 7 ] 

The State Constitution is supreme in all matters con¬ 
tained in it? not in conflict with the Federal one. As to 
all matters not contained in it or the Federal Constitution, 
the General Assembly, as the representatives of the people, 
is supreme. For it must be borne in mind that ours is 
a Representative Democracy, and not a pure Democracy 
such as used to exist in Athens, as some who are not fam¬ 
iliar with our Government sometimes assert. 

[ Section 8 ] 

A citizen of Virginia hears much about the Federal 
Government, and the Government at Washington, and of 
course during the War it was much in evidence, as it has 
control of military affairs as the United States Constitu¬ 
tion provides. During the elections to Congress, which 
occur every two years, he hears of tariff or indirect taxes 
laid by the United States on all foreign-made articles which 
are brought into this country, and he may hear of the Un¬ 
ited States taxes on the manufacture of tobacco, and that 
a federal Court sits in Richmond and other Virginia cities 
to try federal cases which may summon him to serve on 
a jury; but except when he buys postage stamps, and re¬ 
members that all the money in use is made under authority 
of the Washington Government—the Congress and Pres¬ 
ident—the only time a citizen of Virginia is apt to have 
dealings with the Federal Government is when once a year 



8 


Government in Virginia 


he is required to make a return and pay a federal income 
tax if that income amounts to $1,000. for a single man, or 
$2,000. for a married one. The Virginian who travels, or 
ships goods beyond the state’s borders learns that the Un¬ 
ited States regulates prices for such travel and shipments, 
and some who remain at home know that the Federal Gov¬ 
ernment enforces the prohibition act at times as rigorously 
as does the State Government. This is done by author¬ 
ity of the Constitution and its amendments and laws passed 
in pursuance thereof as above set forth. The State has 
as many Presidential Electors as members of Congress. 

[ Section 9 ] 

Many citizens confuse the Constitution with the Stat¬ 
utes. “What is the Constitution among friends?” a ques¬ 
tion attributed to a New York statesman, is the idea of 
some people. Yet the difference is so great that any act 
passed by the General Assembly contrary to the Consti¬ 
tution is void, and it is the duty of the Court upon any 
question brought before it involving the matter, to declare 
it void. An act of the General Assembly that goes counter 
to the provision of the Constitution is as if it had not been 
passed. 

[ Section 10 ] 

There have been four Constitutional Conventions in 
Virginia since that of 1776 already mentioned:—that of 
1829-30; 1849-50; 1868; and 1902. Membership in 
a Constitutional Convention is conferred by constituen¬ 
cies after two consecutive General Assemblies have voted 
for calling the Convention and a vote of the people duly 
provided has been cast for it. The ballot, or “ticket,” 
submitting the question to a vote of the people usually 
contains the statement 

“For” a Constitutional Convention 
“Against” a Constitutional Convention. 

At the polls, or voting place, the voter strikes out the first 
word of one sentence, which gives his vote to the other. 



The Supreme Power 


9 


The duty of the member of a Constitutional Convention is 
a special one, and the revision when made becomes the 
law of the Commonwealth as to all matters with which it 
deals. Sometimes the work of a convention is submitted 
to a vote of the people for ratification, but this is not nec¬ 
essary as was shown in the Constitution of 1902 under 
which Virginia still acts. 

[ Section 11 ] 

The value of a written Constitution is obvious to a 
thoughtful mind. It establishes the law upon a firm basis. 
It prevents fickle or capricious action, and offers a way to 
provide for a change of the law when the people wish it. 
An amendment to the Constitution may be made in the way 
provided, without destroying the other part of it. This 
has frequently been done. A recent case was when it 
was amended, by giving the Legislature power to vote 
bonds for roads, which before had been limited to issuing 
bonds only to take up the old bonds then outstanding or 
when there was insurrection in the Commonwealth. 

[ Section 12 ] 

It is obvious that the Constitution should contain only 
general principles and not the details of legislation. The 
former provision which limited the age of children whom 
the Legislature might require to go to school to the ages 
between eight and twelve years, and that which limits the 
salary of the Governor to five thousand dollars, or that 
which makes the Governor and Attorney-General members 
of the Board of Education, thereby connecting them with 
every local dispute when a Superintendent of Schools is 
elected, instead of leaving them free to act as advisers and 
overseers as to the whole situation, had better have been 
left to the General Assembly. So also is the provision in 
the Constitution unwise in my opinion that requires every 
bill to be read three times in each House, or have a roll call 
showing that such provision was only omitted after a re¬ 
corded vote showing the fact. Of course, those who 




10 


Government in Virginia 


would like to see the Legislature meet only once in ten 
years, as I heard a minister declare recently in a sermon, 
forgetting that when Charles I undertook to enslave the 
liberties of England he had no legislature for eleven years, 
will not agree with me; but if Legislatures are as I believe 
them, the guardians of the liberties of the people, such a 
provision has no place in the Constitution of a great state. 

III. The Division of Powers. 

[ Section 13 ] 

The founders of our Government were so particular 
as to write into the first Constitution “that the legislative, 
executive, and judiciary departments shall be separate and 
distinct so that neither exercise the powers properly be¬ 
longing to the other, nor shall any person exercise the 
powers of more than one of them at the same time, except 
that justices of the County Court shall be eligible to either 
House of the General Assembly.” 

[ Section 14 ] 

Clause III of the Bill of Rights of the present Con¬ 
stitution ordains that “except as hereinafter provided 
the legislative, executive, and judicial departments shall 
be separate and distinct, etc.” The exception quoted ac¬ 
counts for commissions, bureaus, and agencies hard to 
classify as belonging to one or the other of the three grand 
divisions, as they partake in a measure of them all. 

[ Section 15 ] 

The reasoning of the fathers was sound. No one of 
the three great Divisions ought to be allowed to interfere 
with the other two. The Boards of Supervisors and the 
Common Councils of the towns and cities are Legislative 
Bodies of right, and should be held to that useful and im¬ 
portant function. Men would be willing to serve in such 
capacity should these Bodies meet once a month to pass 



The Division of Powers 


11 


ordinances and to legislate for their respective municipal¬ 
ities ; but when these Bodies have to serve as executive bod¬ 
ies, and as committees have to meet day after day, or night 
after night to spend the appropriations, which they them¬ 
selves make, the task is such that men shrink from the 
labor involved, and those who do thus serve the people 
honestly, instead of being criticized, should be praised for 
their labor in the public service. 

[ Section 16 ] 

There is the obvious difficulty, which the method 
adopted by the fathers prevented, of the same men voting 
and spending the money. This is a serious matter and 
should not be tolerated. Not with any desire to reflect 
upon the integrity of the honest men who have adorned 
and still adorn the local departments mentioned, but as 
a statement of bed-rock principle no man or set of men who 
vote the people’s money should spend the same. The 
money raised by levy of taxes should be spent by a Body 
elected for that purpose, and not by the Body which lays 
the levy. Some years ago this writer suggested the idea 
that in the matter of City Government the analogy of the 
State law should be followed: that the Mayor and his 
Cabinet of official heads of Departments should be the 
executive to spend the money, which the Common Councils 
should appropriate as the legislative department, and that 
the analogy would be complete as to the judiciary depart¬ 
ment by giving the justices and magistrates certain discre¬ 
tionary powers now exercised by either the one or the oth¬ 
er of the departments mentioned. 

IV. Legislative Department. 

[ Section 17 ] 

The Legislative Department of the State Government 
consists of the representatives of the one hundred counties 
and twenty-two cities and two hundred or more towns 
and villages constituting the Commonwealth. 



12 


Government in Virginia 


[ Section 18 ] 

The General Assembly meets under the Constitution 
once in two years in Regular Session, and oftener in Spec¬ 
ial Session if desired when the legal requirements are com¬ 
plied with. The General Assembly is composed of two 
Bodies—a House of Delegates and a State Senate. There 
are at present in the two Houses—called the lower and 
upper House—one hundred Delegates and forty Senators, 
the limit allowed by the Constitution. Five thousand or 
more inhabitants constitute a city in the eyes of the law, 
and that number is necessary to entitle the place to a City 
Judge and Court of Record. No new county has been 
created in Virginia for forty years, and only one since the 
Civil War, “Dickenson.” 

[ Section 19 ] 

The Senatorial and Legislative Districts are fixed by 
law pursuant to the powers given by the Constitution, and 
the people’s representatives come together to deliberate 
upon questions involving the public good at the Capitol 
in Richmond where the General Assembly, as the meeting 
is called, sits sixty days and receives pay, though it may 
sit thirty days longer without pay. A Special Session can 
last only thirty days with pay. The Regular Session meets 
in due course, the Special Session, upon the call of the 
Governor or in certain cases upon the call of its members 
as provided by the Constitution. A majority of each 
House of the General Assembly is always necessary to 
pass a law, and the Governor is given authority to veto 
any measure within a time specified, after which time, if 
he has taken no action, or if there be a two-third’s vote in 
favor of over-ruling his veto, the bill becomes an act. 

[ Section 20 ] 

Delegates to the General Assembly are elected 
once in two years, and the Senators once in four years. 
They receive five hundred dollars for the session of two 



The Legislative Department 


13 


months, and two hundred and fifty dollars for the Special 
Session, as already mentioned of one month. The presid¬ 
ing officers of each House receive a slightly larger salary. 
Provision is made for the keeping of the minutes of the 
two houses by Clerks elected each session, and for enroll¬ 
ment and printing of the acts of each session which are 
distributed to the members, and officers of the State, in¬ 
cluding the magistrates of the County Districts. The lat¬ 
est act dealing with any subject repeals a former act as is 
usually declared in the new act. 

[ Section 21 ] 

The time for the election of members of the General 
Assembly is fixed by law, and the election day which is 
the Tuesday after the first Monday in November every 
second year is generally a well known day in every com¬ 
munity. Elections are provided by law and each county 
and city is divided into districts and wards with well de¬ 
fined boudaries within which there are established “pre¬ 
cincts” for voting in which judges of election and clerks 
receive, pass on, and count the votes cast. The Govern¬ 
ment pays for, and supplies the ballots for each precinct 
or voting place, which on the night of the election are 
counted, recorded and taken to the Court House of the 
county or to the City Hall or other place of the cities and 
towns provided by the proper authorities, and the results 
recorded and published in due time as provided by law. 


V. The Electorate or Voters. 

[ Section 22 ] 

The qualification to vote for members of the General 
Assembly is the test established for all other officers. 

Voters of the Commonwealth since the passage of the 
XIX Amendment to the Constitution of the United States, 
which prohibited any law forbidding voting because of sex, 
consist of her citizens over twenty-one male and female du- 



14 


Government in Virginia 


xy registered, who have lived in the State two years, in the 
county, city or town one year, and in the ward or district 
thirty days before the election, and have paid their State 
poll or head tax for the three years preceding at least six 
months before the election. The requirement as to the 
payment of the poll tax does not apply at present to wom¬ 
en, nor to those who have become of age within the three 
years. The Treasurers of the counties and cities are re¬ 
quired to file with the clerks of the Courts mentioned (Cir¬ 
cuit and Corporation) a sworn fist of those who have paid 
their State poll taxes six months prior to the election. The 
clerks shall make copies and the sheriff or sergeant shall 
post one copy at each precinct and make sworn return of 
the fact to the clerk. The clerk shall send certified list 
with poll book prior to each election to one of the judges at 
each precinct in the county or city, and within sixty days 
from its receipt shall send certified copy of list of those who 
have paid their poll taxes to the Auditor of Public Accounts, 
who shall charge the amount of such poll taxes to the 
Treasurer unless they have been already paid. Any voter 
whose name is omitted from the printed list is given the 
right to apply to the said Courts to have his name put on 
the list of voters. There are exceptions made in the State 
Constitution as to the paying of such poll or head tax as a 
pre-requisite to voting in the case of Veterans in the Ar¬ 
mies and Navies of the United States and Confederate 
States. Removal within thirty days from a precinct with¬ 
in a county, city or town to another therein does not for¬ 
feit the right to vote in the first precinct. 

[ Section 23 ] 

Before any citizen can vote, he or she must register 
before a duly qualified officer called the Registrar, who is 
appointed by the Electoral Board composed of three citi¬ 
zens, who in turn are appointed by the Circuit Court of the 
County or the Corporation Court of the Cities. Regular 
days are fixed by law for the meetings of the Electoral 
Boards, and they are required to keep minutes of their pro- 



The Electorate 


15 


ceedings and an account of the appointments and removals 
of the judges, clerks, and registrars which shall be open 
to the inspection of anyone who wishes to examine the 
same at any time. 

[ Section 24 ] 

Ballots, or “tickets’’ as they are called, have to be 
provided by the Commonwealth without any mark or sym¬ 
bol, with the same form for all places where the election 
is held. The ballots must contain the names of all candi¬ 
dates, and the offices to be filled, in clear print and in due 
succession. But the voter can put in another name in 
place of one erased. 

[ Section 25 ] 

The secrecy of the ballot is insisted on; but the ballot 
box must be kept in public view. No voter can be ar¬ 
rested on civil process during attendance at an election 
or in going or returning therefrom, nor can he be compelled 
to perform military duty, except in time of war or public 
danger. Nor can a citizen be compelled to attend any 
court as suitor, juror or witness during the time of holding 
an election in which he is entitled to vote. 

[ Section 26 ] 

The Secretary of the Commonwealth, who is elected 
every four years by vote of the people along with the Gov¬ 
ernor, prepares and distributes the books for the registra¬ 
tion of voters. He sends them to the County Clerks and 
the Clerks of the Corporation Courts of the Cities, to be 
by them distributed to the Registrars of their respective 
election districts. The lists of white and colored voters 
are kept in separate books. Persons who will become 
of age before the election day may register. Registra¬ 
tion is entering by the Registrar, after he has been sworn, 
of the voter upon the book duly ruled as required by law, 
which entry gives the number, name of voter, the fact 
that he is sworn, the age, occupation and place of res- 



16 


Goverrvment in Virginia 


idence at the time of registration, the length of time of 
such residence in the County or City, naming the street 
and number of the house in which he resides, the time of 
residence in the State, etc. Provision is made in case of 
removal, for a name to be stricken from one precinct, and 
upon certificate of the fact to be added to the Registration 
book of the new precinct. 


[ Section 27 ] 

Idiots, insane persons, paupers, and persons disqual¬ 
ified by conviction of certain crimes, or by fighting a duel 
or aiding or abetting in fighting a duel or sending a chal¬ 
lenge to fight, are excluded from registering and voting. 

[ Section 28 ] 

Every person qualified to vote for a member of the 
General Assembly can hold office of state, county, city or 
town wherein such voter resides, except where the Con¬ 
stitution provides otherwise. It would seem, therefore, 
that if the Constitution restricts certain offices to male 
citizens, women would be excluded as the question of hold¬ 
ing office is not involved in the XIX Amendment; but only 
the question of voting or suffrage. 

Provision is made for absent voters to vote by mail upon 
compliance with the requirements of the statute. 


[ Section 29 ] 

All offices, unless the Constitution provides otherwise, 
begin on the first of February following the election. 
Members of the General Assembly, and all other officers— 
executive and judicial—take and subscribe an oath to sup¬ 
port the Constitution of the United States, and of the Com¬ 
monwealth. No person can vote in a Primary Election 
unless at the time he is registered and qualified to vote 
at the next succeeding election. A Primary Election is 



The Legislative Department 


IT 


one held to determine between candidates in the same 
political party, who shall run in the general election. 

[ Section 30 ] 

To return to the Legislative Department of the State 
Government:—The members of the General Assembly, 
while their term of office lasts, cannot be appointed to civil 
offices of profit except by election by the people. 

[ Section 31 ] 

A law can embrace but one object, which must be ex¬ 
pressed in the title. A violation of this proviso renders the 
law invalid as it is a Constitutional requirement. A law can 
only take effect ninety days after the adjournment of the 
session, unless there be the statement of emergency put 
in the act, and the General Assembly by a four-fifth’s vote 
of members voting in each House, taken by yeas and nays, 
with names entered in the journal, directs otherwise. 

[ Section 32 ] 

Certain State officials at the Capital failing in their 
duty are impeachable by the House, and tryable by the 
Senate. Conviction requires a two-third’s vote of the 
Senators present. Judgment only goes to removal from 
office, and disqualification to hold office under the State. 
The General Assembly by a two-third’s vote may remove 
the disability under the anti-dueling act. It is forbidden 
to suspend the writ of Habeas Corpus, which is the right 
of any person illegally confined to have his case brought 
before a judge for immediate hearing, and it cannot pass 
laws incorporating churches, though it may secure church 
property. It can enact liquor laws; but cannot establish 
a lottery, or permit the sale of lottery tickets. It cannot 
pass special laws in certain cases; but its laws must be 
general. It may give certain powers to Boards of Super¬ 
visors and City Councils. It cannot make appropriations 
to charitable or sectarian institutions, not owned or con- 



18 


Government in Virginia 


trolled by the State, except for non-sectarian institutions 
for the reform of youthful criminals; but this does not 
prevent its allowing counties, cities and towns to make 
such appropriations for charitable institutions or associa¬ 
tions. 


[ Section 33 ] 

It is required at each session to appoint auditing com¬ 
mittees of the departments having charge of the State’s 
revenue, who shall report the results to the Governor who 
shall publish the same in two newspapers of general cir¬ 
culation in the State. 

VI. The Executive Department. 

[ Section 34 ] 

The Executive Department of Government in Virginia 
is vested in the Governor, who is elected for a term of four 
years which begins on the first of February next succeed¬ 
ing his election. He is ineligible to succeed himself in 
the next term, nor can he hold any other office during his 
term of service. He is elected by the people at the Novem¬ 
ber election when members of the General Assembly are 
elected. 


[ Section 35 ] 

Returns of the election are sent under seal to the Sec¬ 
retary of the Commonwealth who delivers them to the 
speaker of the House of Delegates on the first day of the 
next General Assembly, who within a week, shall open the 
returns in the presence of the majority of the two houses, 
and the votes shall then be counted, and the person having 
the highest number of votes shall be declared elected. If 
two or more have the highest and an equal number, one 
of them shall be chosen Governor by the joint vote of the 
two Houses of the General Assembly. 



The Executive Department 


19 


[ Section 36 ] 

The Governor must be a citizen of the United States. 
If of foreign birth, he must have been a citizen of the Un¬ 
ited States for ten years preceding his election, and of the 
State for five years next preceding his election. He must 
be thirty years old, reside at the seat of Government, and 
receive $5,000. and no other emolument from this or any 
other Government. This is the pathetic situation, and 
limits the great office to men of fortune. 

[ Section 37 ] 

The Governor of Virginia receives the same salary 
now that he received under the Underwood Constitution, 
not as much as a teller in a Bank should receive, though 
an appropriation is made for minor expenses of “The 
Mansion, etc.” His duties are to see that the laws are 
faithfully executed; inform the General Assembly, at each 
session of the condition of the State; recommend exped¬ 
ient measures; call the General Assembly, on the appli¬ 
cation of two-thirds of both Houses, or when he thinks 
the interest of the State requires it. 

[ Section 38 ] 

He is commander-in-chief of the State’s land and naval 
forces. He has power to embody the militia to repel in¬ 
vasion, suppress insurrection, and enforce the execution 
of the laws. He deals with other and foreign states; and 
during the recess of the General Assembly has power to 
suspend executive officers at the seat of Government, ex¬ 
cept the Lieutenant-Governor, for misbehavior, incapacity, 
neglect of official duty, or for acts performed without due 
authority of law, of which he must make reports to the 
next General Assembly at the beginning of the session, 
which has power to restore or finally remove such official. 
The Governor may appoint temporary successors, and fill 
all offices of the State for which no provision is made; but 
his appointments so made expire thirty days after the com¬ 
mencement of the next General Assembly. 



20 


Government in Virginia 


[ Section 39 ] 

He can remit fines and penalties as provided by law, 
and except where prosecution has been carried on by the 
General Assembly, he may grant reprieves and pardon 
after conviction. He may remove political disability con¬ 
sequent upon conviction for offenses, and may commute 
capital punishment; but shall report to the General Assem¬ 
bly at each session the particulars of every case with the 
reasons for his action. 

[ Section 40 ] 

The Governor may require information under oath 
in writing from the officers of the Executive Department 
and Superintendents of State Institutions, upon any sub¬ 
ject relating to their duties, and may inspect, at any time, 
their books, accounts, etc., and ascertain the condition of 
the public funds, and may employ accountants in that 
connection. He may require the opinion of the Attorney- 
General in writing upon any question affecting his official 
duties. 


[ Section 41 ] 

All commissions and grants run in the name of the 
Commonwealth of Virginia, and are attested by the Gover¬ 
nor, with the seal of the Commonwealth annexed. Every 
bill passed by the two Houses must be presented to the 
Governor before it becomes a law. He may sign it when 
it becomes a law, or he may return it to the House in which 
it originated with his objections, called his “veto,” from 
the Latin which means “I forbid.” That House shall en¬ 
ter his objections at large on its journal and proceed to 
reconsider the same. If two-thirds of the members pres¬ 
ent, which shall include a majority of those elected to that 
House, agree to pass the bill, it shall be sent to the other 
House, who in the same way may pass the bill, and it will 
become a law notwithstanding the Governor’s objections. 



The Executive Department 


21 


[ Section 42 ] 

The Governor may veto any item or items of an Ap¬ 
propriation Bill, and the items so objected to go back and 
take the same course as that above mentioned when a 
bill is vetoed. In such cases both Houses vote by ayes 
and noes, and the names of those voting as to such bill or 
item shall be entered on the journal of each House. If 
the Governor does not return the bill within five days (Sun¬ 
day excepted) after it is presented to him, it becomes a 
law as if he had signed it; but if the General Assembly 
adjourns finally and prevents such return in five days, the 
Governor is given ten days after such adjournment in which 
to sign it; and if he does not sign it, it fails to become a law. 

[ Section 43 ] 

A Lieutenant-Governor is elected at the same time 
and for the same term as the Governor. His qualifica¬ 
tions and manner of election is identical with that of the 
Governor. He acts in case of the death, failure to qual¬ 
ify, resignation or removal from the State or inability to 
discharge the powers and duties of the office by the Gov¬ 
ernor. The Lieutenant-Governor is President of the Sen¬ 
ate but has no vote except in case of an equal division. 
He receives the same salary as the Speaker of the House 
of Delegates. 


[ Section 44 ] 

Three of the oldest executive offices of the State, 
known as “Basement Offices,” because they were former¬ 
ly in the Basement of the Capitol Building, are those held 
by the Treasurer, the Auditor of Public Accounts, and the 
Second Auditor. They have charge of the Public Debt. 

[ Section 45 ] 

The Treasurer is elected by the qualified voters at the 
same time and for the same term as the Governor. The 
fact of his election is ascertained in the same manner. The 



22 


Government in Virginia 


two Auditors, Register of the Land Office and Public Print¬ 
er are elected by the joint vote of the two Houses for the 
term of four years. Their duties, like the duties of the 
Treasurer, are fixed by the General Assembly as are the 
salaries, which may not be increased or diminished during 
the term for which they have been elected or appointed. 
The Register of the Land Office is keeper of the grounds 
and buildings. The Auditor of Public Accounts has charge 
of the collection of the State taxes, and of the settlements 
therefor. 

[ Section 46 ] 

There are checks and balances required by the Con¬ 
stitution between the officers at the seat of Government, 
who have charge of the collections, receipts, custody, or 
disbursement of the revenues of the State. These checks 
and balances are secured by the requirement that no money 
can be paid into the treasury except upon the warrant of 
one or the other of the two Auditors. Nor can any money 
be paid out of the treasury except upon the order of one 
of the two Auditors. And the Treasurer’s .books and the 
two Auditors’ books are kept balanced all the time. 

[ Section 47 ] 

Neither of the Auditors is allowed to receive any mon¬ 
ey; but each one is required whenever the State’s revenue 
under his supervision is brought in to make a settlement 
with those whose duty it is to collect the same, and to make 
a “pay-in warrant,” which directs the Treasurer to receive 
from the bearer the sum ascertained to be due by the offici¬ 
al to the Commonwealth or to any fund under the control 
of the Commonwealth. 

[ Section 48 ] 

The State’s revenue when collected, therefore, goes 
into the State Treasury upon the order of one or the other 
of the two Auditors. Thus the books of the Treasury and 
of the two Auditors are kept balanced, and thus only could 
Receipts and Disbursements ever be checked up. The 



The Executive Department 


23 


Second Auditor’s office was established in 1823, when the 
State began to issue stocks and bonds for public improve¬ 
ments, to build turnpikes, railroads and highways. The 
Commonwealth used to assume two-fifths of the expense, 
and issue its bonds to raise money therefor. 

[ Section 49 ] 

The Treasury of the State consists at present of the 
deposits in a hundred and twenty-five banks, called State 
Depositories, located all over the State. Such Depositories 
are designated by a Board, consisting of the Governor, 
the Auditor of Public Accounts and the State Treasurer, 
called the Finance Board. Security is required as fixed 
by law, and interest upon daily balances is allowed the 
Commonwealth. The Treasurer issues his check upon 
one or the other of these State Depositories, his check be¬ 
ing upon the same paper with that upon which the Aud¬ 
itor having charge of the fund issues his warrant. 

The Board of State Canvassers has the same members 
as the Finance Board. 


[ Section 50 ] 

As an illustration: If one be entitled to a soldier’s pen¬ 
sion, the Auditor of Public Accounts issues his warrant upon 
the Treasurer for one-fourth of the annual pension, at the 
beginning of each quarter, on which the Treasurer writes 
the name of the Bank which he wishes it paid by, and 
signs his name; it then becomes a check only to be collect¬ 
ed when endorsed by the Confederate Soldier or his widow. 
Proof of service in the army, or of the widow’s marriage, 
is on file in the Auditor’s Office, which has been sent there 
from the Clerk’s office of the County or City of the Pension¬ 
er’s residence. Forms are sent out by the Auditor for 
such proof. 

[ Section 51 ] 

If one be entitled to a teacher’s pension, the Second 
Auditor issues his warrant upon the Treasurer for one- 
fourth of the annual pension, and the same process is gone 



24 


Government in Virginia 


through with. The Second Auditor being the accountant 
of the Literary Fund, is given charge of the accounts of 
the Teachers’ Pension Fund by Statute. Proof of service 
as a teacher is on file with the Board of Education which 
issues an order for the payment of the pension from the 
Retired Teachers’ Fund, which will be described in a later 
chapter. 

VII. The Judiciary Department. 

[ Section 52 ] 

The third great Division of Powers, which the fram¬ 
ers of this Government recommended to the people and 
was adopted by them in the Constitution, Was the Judiciary 
Department. So powerful is this Department that the 
Constitution limited it in terms to a Supreme Court of Ap¬ 
peals, Circuit Courts, City Courts, and such other courts 
as are named in the Constitution. The regulation of the 
Courts so far as jurisdiction is concerned was given to the 
General Assembly except what was conferred by the Con¬ 
stitution itself. 


[ Section 53 ] 

The Supreme Court of Appeals has five Judges; but 
any three of them may hold Court. It has only appellate 
jurisdiction (meaning appeals from other courts) except 
in three cases, habeas corpus, already explained, mandam¬ 
us, which is a mandate or order to some official to do his 
duty, and prohibition, which is an order to some official not 
to do some act. 


[ Section 54 ] 

It is given appellate jurisdiction in matters involving 
the question whether any law passed by the General As¬ 
sembly is opposed to the State or Federal Constitution; 
and in cases involving the life or liberty of any person, 
and the General Assembly may fix other causes for this 
appellate jurisdiction. And no appeal shall be granted 



The Judiciary Department 


25 


to the Commonwealth in any case involving the life or 
liberty of a person. But the Commonwealth may have 
an appeal in any case involving the violation of a law re¬ 
lating to the State revenue. 

[ Section 55 ] 

No appeals are allowed in civil cases below $300. ex¬ 
clusive of costs and interest accrued since the judgment 
of the Court below, except in matters involving title or 
boundaries of land, condemnation of property, probate of 
wills, appointment, or qualification of personal representa¬ 
tive, guardian, committee or curator, or concerning a mill, 
roadway, ferry or landing, or the right of the state, coun¬ 
ty or municipal corporation to levy tolls or taxes, or in¬ 
volving the construction of any statute, ordinance or coun¬ 
ty proceedings imposing taxes. In matters merely pecun¬ 
iary the Legislature since 1910 has the power to change 
the jurisdiction of the Court. The recent act granting 
appeals of right in criminal cases has been questioned as 
unwise by some good men. 

[ Section 56 ] 

At least three Judges must assent to make a valid 
decision on questions involving the constitutionality of a 
law as repugnant to the State or Federal Constitution. 

[ Section 57 ] 

The decrees of this Court have to be in writing, with 
reasons given therefor, and preserved with the records of 
the case. These decisions called Reports serve as a guide 
to lawyers in advising clients as to the law in any ca^se 
presented to them. Provision is made for a Special Court 
of Appeals where a Judge of the Court may not properly 
sit or where the docket cannot be disposed of “with con¬ 
venient dispatch” — such Special Court to be composed 
of not more than five nor fewer than three Circuit Judges 
or Judges of Cities of the first class, or of the Judges of 



26 


Government in Virginia 


either of said Courts or of any of the Judges of said Courts 
together with one or more Judges of the Supreme Court 
of Appeals. 


[ Section 58 ] 

Judges of the Supreme Court of Appeals are chosen 
by the joint vote of the two Houses of the General Assem¬ 
bly. When chosen they must have held a judicial station 
in the United States, or have practiced law in this or some 
other state for five years. They are elected for twelve 
years. They must sit in two or more places in the State. 
They usually sit in Richmond, Wytheville, and Staunton. 
The officers of the Court are appointed by the Judges, and 
their salaries fixed by the General Assembly. 

[ Section 59 ] 

There are now thirty-three Judicial Circuits in which 
Circuit Courts are held. These Circuits are arranged, 
and may be rearranged by the General Assembly; but must 
not have fewer than 40,000 inhabitants by the last U. S. 
Census in the new circuit or in the old from which the 
new may be made. Circuit Judges are chosen by the 
joint vote of the two Houses of the General Assembly, and 
must have the same qualifications as Judges of the Su¬ 
preme Court of Appeals, and must reside in their circuits. 
Their term is eight years. The Circuit Judge may hold 
Court in another Circuit as provided by law. At present 
he is designated by the Governor in case of necessity. 

[ Section 60 ] 

Provision is made for City Judges by the Constitution. 
First Class Cities are those, which by the last United 
States Census, contain ten thousand or more inhabitants. 
Second Class, fewer than ten thousand. In first class 
cities there is a Corporation Court in addition to the Cir¬ 
cuit Court. The General Assembly provides additional 
Courts in Cities of over thirty thousand. If a Corporation 




The Judiciary Department 


27 


or Hustings Court is abolished in a city of the second class, 
the city comes under the jurisdiction of the Circuit Court. 
Judges of the City Courts are chosen by the joint vote of 
the two Houses of the General Assembly, and possess the 
qualifications of Judges of the Court of Appeals. Judges 
of City Courts of the first class may be required to hold 
Circuit Courts of any county or city. 

[ Section 61 ] 

Courts of Land Registration have been established 
by the General Assembly in certain Cities and Counties 
for the purpose of settlement, registration, transfer, or 
assurance of titles to land in the State or any part thereof. 
In other Counties and Cities a referendum must permit 
them. This is familiarly known as the Torrens System. 
The Circuit Court of the Counties, and the Courts in the 
Cities in whose offices deeds are registered are given jur¬ 
isdiction upon compliance with the requirements of the 
act 

[ Section 62 ] 

The Clerks of the Circuit Courts and in Cities, of the 
Hustings Courts, etc., admit wills to probate, and act in the 
appointment and qualification of guardians, personal repre¬ 
sentatives, curators, appraisers, and committees of the 
estates of persons adjudged insane or convicted of felony, 
and in the matter of the substitution of trustees. 

[ Section 63 ] 

All Judges are commissioned by the Governor. Their 
salaries and allowances are fixed by the General Assembly; 
but they shall not be diminished nor increased during their 
term of office. In case of a vacancy in the office of Judge, 
a successor is elected for the unexpired term. 

[ Section 64 ] 

Judges of the Supreme Court of Appeals receive not 
less than $5,000. to be paid by the State. Judges of the 



28 


Government in Virginia 


Circuit Courts receive not less than $3,600. — one-half 
paid by the State and one-half by the counties and cities 
in proportion to population. The State shall pay the city’s 
part of the Circuit Judge of Richmond. The City Judge 
receives not less than $3,600., one-half to be paid by the 
city and one-half by the State. The salaries of the Judges 
have been recently increased. 

[ Section 65 ] 

The State pays the whole of the salaries of the Judges, 
and is reimbursed as to the half due by the counties and 
cities. Cities under ten thousand pay the salaries of the 
Corporation or Hustings Court. Any City may by ord¬ 
inance increase the salaries of the City or Circuit Judges, 
to be paid wholly by the city; but this shall not be done 
during the term of office of the Judge. 

[ Section 66 ] 

Judges may be removed from office for cause by a con¬ 
current vote of both Houses of the General Assembly; but 
a majority of all the members elected to each House must 
concur, and the cause of removal entered on the journal 
of each House. The Judge proceeded against must have 
at least twenty days notice, and a copy of the causes alleg¬ 
ed for his removal. 


[ Section 67 ] 

Judges of the Courts of Record cannot practice law 
nor hold any other office of public trust, except that a 
Judge of a city of a second class may be Commissioner in 
Chancery for the Circuit Court for the county in which 
the city is located. 


[ Section 68 ] 

Writs issued from the courts run in the name of the 
“Commonwealth of Virginia,” and are attested or witness¬ 
ed by the clerks of the several Courts. Indictments must 



The Judiciary Department 


29 


conclude “against the peace and dignity of the Common¬ 
wealth.” 


[ Section 69 ] 

The Attorney-General, who is t&e Law Officer of the 
State and represents the State in all judicial matters before 
the Court of Appeals, is elected by the people at the same 
time, in the same manner and for the same term as the 
Governor, that is for four years. He is commissioned 
by the Governor. And his salary, which is $4,500.00, is 
fixed by the General Assembly, and he is removable as 
Judges are by vote of the General Assembly. 

[ Section 70 ] 

Justices of the Peace are provided for in the Consti¬ 
tution, as the General Assembly shall determine, either by 
election or appointment. 

[ Section 71 ] 

Grand Jurors selected in the manner prescribed by 
law, report to certain terms of Court and oftener if neces¬ 
sary, violations of the law either known to them personally, 
or upon evidence brought before them. They report their 
conclusions, and the Commonwealth’s Attorney draws an 
indictment which is tried before a jury, which hears all 
the evidence on both sides. The juries are summoned 
by the Sheriff or Sergeant of the County or City. Notaries 
for the localities—counties and cities—are appointed by 
the Governor for four years. A notary pays a fee of five 
dollars when commissioned. 



30 


Government in Virginia 


VIII. County Government 

[ Section 72 ] 

Each of the hundred counties of the State is required 
by the Constitution to elect by the qualified voters of the 
county, one County Treasurer, one Sheriff, one Attorney 
for the Commonwealth, and one County Clerk, who shall 
be Clerk of the Circuit Court; also Commissioners of the 
Revenue for each county, the number, duties and compen¬ 
sation of whom shall be prescribed by the General Assem¬ 
bly. There shall also be appointed for each county by 
the Judge after recommendation by the Board of Super¬ 
visors, one Superintendent of the Poor and one County 
Surveyor, all of whom hold office for four years, except 
the clerk whose term is eight years. The Commissioners 
of the Revenue make an annual list of all personal prop¬ 
erty and improvements on real estate and return their 
books as required by law to the Clerk’s Office. 

[ Section 73 ] 

The County Electoral Board, consisting of three mem¬ 
bers, has already been described under the head of “The 
Electorate,” as appointed by the Circuit Judge. They in 
turn appoint the officers of election, the registrars, judges 
and clerks. 


[ Section 74 ] 

The School Electoral Board for each county consists 
of the Division Superintendent of Schools, the Common¬ 
wealth’s Attorney, and a citizen appointed by the Judge 
of the Circuit Court. This Board elects the School Trus¬ 
tees, one from each District, who together with the Divis¬ 
ion Superintendent of Schools compose the County School 
Board. 



Local Government 


31 


[ Section 75 ] 

Among Local Boards, the county, city and town Board 
of Health, appointed by the Health Board of the State, 
consist of three citizens, one a regularly licensed physician 
of the county or corporation with the court clerk and 
chairman of the Board of Supervisors or Mayor of the 
corporation. This Board has charge of the Health De¬ 
partment of the county or corporation. 


[ Section 76 ] 

The Fish and Game Commissioner appoints game war¬ 
dens who have charge of the game, fish, etc. of the dis¬ 
tricts assigned them. Commissioners of Accounts are 
appointed in each county and corporation by the Circuit 
Courts. Examiners of Records, one for each Circuit, are 
appointed by the State Tax Board, formed of the two Aud¬ 
itors and the Treasurer. Their duties are to see that 
fiduciaries make and settle proper accounts. 

[ Section 77 ] 

Each county is divided into “Magisterial Districts,” 
which in the future must not contain less than thirty 
square miles. The qualified voters of each District must 
elect one Supervisor, and the supervisors of all the Districts 
make the Board of Supervisors of the County. This is 
the most important office in the County, and perhaps in the 
State; for the Board, meeting at stated periods and when 
necessary at other times, lays the county and district lev¬ 
ies, passes on all claims against the county subject to 
law, and performs the other duties required by law. 


[ Section 78 ] 

Three Justices of the Peace are elected in each Dis¬ 
trict for the term of four years, and the Court may appoint 
others if necessary. A coroner shall be appointed by the 




32 


Government in Virginia 


Corporation or Circuit Judge of a county to hold office for 
four years. In cities where there are no sergeants nor 
deputies to act and in counties where there are no sheriffs 
nor deputies, the coroner shall act. The coroner must be 
a physician. A constable may act as coroner, if there be 
none. His duties are prescribed by law. A Constable 
and Overseer of the Poor are elected in each District. 
Their duties are defined by law. The Constable is the 
Executive Officer of the Justice’s Court. He serves or 
delivers notices issued by the Justices, and sells property 
to pay the judgment of a justice, as the Sheriff does to 
pay the judgment of a Circuit Court, or the Sergeant that 
of the Corporation or Hustings Court. A person can only 
hold at the same time one of the offices mentioned in this 
Chapter, and he may be required to give additional secur¬ 
ity or give a new bond, and if not to have the office de¬ 
clared vacant. A county is not responsible for the acts 
of the Sheriff. 

IX. City and Town Government 

[ Section 79 ] 

A city constitutionally is an incorporated community, 
having within marked bounds a population of 5,000 or 
more. Fewer, with the same conditions, make a town. 
The population is ruled as to number by the last United 
States Census, or such other enumeration as may be made 
by the General Assembly. The town charter of any in¬ 
corporated community having fewer than 5,000 when this 
provision went into operation, is not repealed. 

[ Section 80 ] 

The Corporation or Hustings Court may be abolished 
therein if desired. 


[ Section 81 ] 

The city and town governments, as originally con¬ 
stituted, were to be by analogy like the State Government. 




City and Town Government 


33 


The Mayor, or now the Administrative Board or City 
Manager being the Executive; the Council with its two 
branches with a different number of members, or with 
one branch if the city be under 10,000, if the Legislature 
permit it, whose powers and duties are fixed by law, and 
elected by the qualified voters which has representation 
from each ward in proportion to the population of each 
ward, being the legislative branch. No member of the 
Council can hold any office to be filled by the Council, and 
this holds for a year after his term expires. The wards 
shall be changed every ten years from 1903 and re-ap¬ 
pointment made in the representation among the wards 
as prescribed by law. Any citizen can apply for an order 
of the Court compelling this re-apportionment. The 
qualified voters in every city elect a Mayor, a City Treas¬ 
urer and a City Sergeant for a term of four years, whose 
duties are prescribed by law, that is by vote of the Leg¬ 
islature. So in every city for the same term shall be 
elected one Commissioner of the Revenue, and one Attor¬ 
ney for the Commonwealth, who shall also act for the 
Circuit Court if there be one. The City Attorney is ap¬ 
pointed by the City Council. 

[ Section 82 ] 

The Mayors and Councils of Cities shall not be elected 
nor begin their term of office at the same time with the 
other elective officers of the State. The terms of the 
Judges and Clerks of the City Courts shall begin at the 
same time. 

[ Section 83 ] 

The Mayor is the chief executive officer of the city, 
and is to see that the various city officers and members 
of the Police and Fire Department perform their duties 
faithfully. He is given power to investigate their acts, 
and to have access to all books and papers in their offices, 
and to examine them and their subordinates on oath; to 
suspend officers and members of the Police and Fire De¬ 
partments, and to remove them for misconduct or neglect 
of duty to be set out in the order. 




34 


Government in Virginia 


[ Section 84 ] 

But this shall not be done until such officer has been 
notified, and been given an opportunity to be heard in 
person or by counsel and to present testimony in his de- 
fense. The officer is given the right of appeal to the Cor¬ 
poration Court, or if there be no such Court, then to the 
Circuit Court of the city. The case shall be heard anew 
by the Judge, and his decision shall be final. The Mayor 
may have other powers, if any are imposed upon him by 
general laws. He is removable as are other officers of 
state, county, city, town and district, except those remov¬ 
able by constitutional provision, by the Corporation Court 
of cities or the Circuit Court of Counties, for cause as 
provided by statute, with the right to a trial by jury, and 
an appeal to the Supreme Court of Appeals. 

[ Section 85 ] 

The Mayor is given the power of veto, that is to say 
“I forbid,” but the veto must be sent back with his objec¬ 
tions in writing to the clerk or recording officer of the 
branch in which it originated, and the objections shall be 
entered at length on its journal, and the body must pro¬ 
ceed to consider it. If approved by two-thirds of all the 
members elected to the body, it shall be sent with the ob¬ 
jections to the other branch who shall likewise consider 
it, and if two-thirds of all the members elected approve, 
it becomes operative, notwithstanding the objections of 
the Mayor. But yea and nay votes must be entered on 
the journal of each branch so voting. 

[ Section 86 ] 

The same rule applies if the Council be of one branch 
only. If the Mayor does not return an ordinance or res¬ 
olution within five days (Sunday excepted) after it is 
presented to him, it becomes operative as if he had signed 
it, unless his term or that of the Council expires within 



City and Town Government 


35 


five days. He may veto a particular item, and such veto 
will not affect the other items. 

[ Section 87 ] 

The appropriation by ordinance or resolution of any 
money, exceeding $100., imposing taxes, or authorizing 
the borrowing of money can only be done after a vote of 
the majority of all the members elected to each house; 
and in case of the Mayor’s veto, after a recorded affirma¬ 
tive vote of two-thirds thereof. But if any Charter ex¬ 
isting at the time the Constitution was adopted requires 
two-thirds to pass an ordinance or resolution for appro¬ 
priating money, etc., that provision shall continue. 

[ Section 88 ] 

Permission of the corporate authorities previously ob¬ 
tained is necessary before any company, corporation, as¬ 
sociation, partnership or persons can be permitted to use 
the streets, alleys or public grounds of any city or town 
for street railways, telephone, cold storage, bridge or like 
enterprises. Due provision is made for advertisement by 
the municipality for public bids. And the General As¬ 
sembly may make additional restrictions on the cities and 
towns granting franchises or selling and leasing property. 

[ Section 89 ] 

Three-fourths of all the members in each branch 
elected to the City Council are necessary to dispose of the 
city’s waterfront, wharf property, docks, streets, gas, wat¬ 
er and electric works. And in case of the Mayor’s veto 
to reverse it there is required a recorded affirmative vote 
of three-fourths of all the members elected to each branch 
of the Council, if there be two branches. 

[ Section 90 ] 

The extension or contraction of the limits of cities 
and towns is provided for. Eighteen per cent of the as- 



36 


Government in Virginia 


sessed valuation of the real estate subject to taxation is 
the limit of bonded or interest bearing indebtedness in the 
city or town, as shown by the last assessment. 

[ Section 91 ] 

As described in the chapter on County Government 
the cities and incorporated towns, unless otherwise 
provided by their charters and reserved by the Constitu¬ 
tion to them in terms, have Boards similar to the Counties 
such as Electoral Boards, School Trustee Electoral Boards, 
School Trustee Boards, Health Boards, etc. And they 
have besides Boards not needed in country districts, such 
as Police Boards, Fire Department Boards, Building Com¬ 
missions, etc. For cities and towns that have them, the 
Corporation or Hustings Court has jurisdiction in relation 
to officials of such corporations as has the Circuit Court in 
Counties. 


X. Boards and Commissions 

[ Section 92 ] 

As one discusses the Boards and Commissions he sees 
that the beaten path laid down by the fathers as to the 
separation of the three powers of Government has not been 
followed, but other ways have been found by which the 
State Government proceeds. ’Tis true however that the 
right of appeal is generally given to the courts, and in some 
cases amenability to the General Assembly, or supervision 
by the Executive is expressly reserved. 

[ Section 93 ] 

THE DEPARTMENT OF AGRICULTURE AND IM¬ 
MIGRATION is permanently established at the Capital by 
the Constitution, to be maintained under the management 
and control of a Board of that name, composed of a mem¬ 
ber from each Congressional District, who shall be a prac- 



Agriculture and Immigration 


37 


tical fanner appointed by the Governor for a term of four 
years, subject to confirmation by the Senate. The Pres¬ 
ident of the Virginia Polytechnic Institute is ex-officio a 
member of the Board of Agriculture and Immigration and 
the President of the Board of Agriculture and Immigration 
is ex-officio a member of the Board of the Polytechnic In¬ 
stitute. The powers and duties of this department are 
fixed by the Legislature except that the Constitution pro¬ 
vides that the Board shall elect and remove its officers, 
and establish elsewhere in the State subordinate branches 
of said Department. 


[ Section 94 ] 

A COMMISSIONER OF AGRICULTURE AND IMMI¬ 
GRATION is elected by a vote of the people who holds office 
for four years, and whose powers and duties are prescribed 
by the Board until the Legislature provides differently. He 
is the executive officer of the Board and subject to approval 
of the Board appoints the employees of the Department, 
with power of removal, and with a statement of the causes 
therefor to the next meeting of the Board. The salaries 
of certain officers named is fixed by the General Assembly, 
and all salaries are paid out of the fund in the Treasury 
to the credit of Department upon warrants drawn by the 
Commissioner and countersigned by the President of the 
Board. With the approval of the Board of Agriculture 
and the Governor, the Commissioner of Agriculture may 
appoint and fix salaries of such further employees, as may 
be necessary to meet the growing needs of the Department. 


[ Section 95 ] 

The Commissioner of Agriculture shall see to the prop¬ 
er execution of the laws relating to the improvement of 
agriculture, the beneficial use of fertilizer and compost, 
and for the inducement of immigration and capital, and 
be especially charged with the supervision of the trade in 
commercial fertilizers, as will best protect the interests of 



38 


Government in Virginia 


the farmers. He is responsible for the enforcement of the 
laws as to the sale of commercial fertilizers, seed and food 
products, and with the approval of the Board is to make 
regulations governing the same and publish them in bul¬ 
letins. He is charged with the inducement of capital and 
immigration by disseminating information relative to the 
advantages of soil, climate, healthfulness and markets of 
the Commonwealth, and to the resources and industrial 
opportunities offered in the State, and he shall prepare a 
handbook as to these matters, which shall also promote 
the improvement of the milch and beef cattle and other 
stock. He shall investigate and report upon the condit¬ 
ions of timber, and recommend legislation to promote its 
growth and protection, and as to minerals and their value. 
He has charge of the Museum of the Department of Agri¬ 
culture and Immigration with specimens of the minerals 
and the flora and fauna (the vegetable and animal king¬ 
dom) of the Commonwealth. 

He shall hold or cause to be held Farmers Institutes 
for the benefit of Agricultural Communities, under the 
joint direction of himself and the member of the Board of 
Agriculture and Immigration from the district where held, 
and publish and distribute papers read or made as may in 
his judgment or in the judgment of the Board be valuable 
to the farmers’ interest of the State; the expense to be 
paid out of the funds of the Department as other expendi¬ 
tures are made. He shall make an Annual Report with 
a detailed financial statement, and give other information 
on practical agricultural subjects as shall be helpful to the 
farmers of the State. And the Board shall embrace it 
in their Annual Report to the Governor, which shall be 
printed as the Annual Report of the Commissioner and of 
the Board of Agriculture and Immigration. 

[ Section 96 ] 

Manufacturers, dealers and agents for the sale of 
fertilizer or material therefor must annually register with 
the Commissioner of Agriculture upon forms furnished by 



Board of Education 


39 


him, the name of each brand of fertilizer or fertilizer ma¬ 
terial, giving the details as specified in the act, and pay 
five dollars for each brand so registered. The Commis¬ 
sioner must deposit with the Treasurer of the Common¬ 
wealth the funds so received, to the credit of the Depart¬ 
ment of Agriculture and Immigration, to be disposed of 
and be a part of the fertilizer fund, as provided by law. 

[ Section 97 ] 

A proper definition of agricultural seeds is set out in 
the act. Certain seeds shall not be sold, as when they 
contain three per cent by weight of weed seeds, or when 
alfalfa or clover contains two or more seeds of dodder to 
five grams of such seed. Provision is made for enforc¬ 
ing these laws, and for the analysis of seeds and fertilizers 
and the publication of the results. All seedmen who sell 
seeds are held to be guarantors that the seeds sold are 
true to kind and name, and are liable for seeds sold by 
agent. 


[ Section 98 ] 

Any citizen of the Commonwealth has the privilege 
of submitting samples of agricultural seeds for test and 
analysis, subject to the rules made by the Commissioner as 
provided by law. And it is made the duty of the Attorney- 
General as the highest law officer of the State to institute 
proceedings in the county or corporation in which viola¬ 
tions of the law with reference to seed have occurred. And 
no one may sell or offer for sale or have on hand agricul¬ 
tural seed for sale or distribution not properly tagged as 
required by law. 


[ Section 99 ] 

THE STATE BOARD OF EDUCATION is established 
by the Constitution and given general supervision over the 
public free school system, which system must be establish¬ 
ed and maintained efficiently throughout the State. The 




40 


Government in Virginia 


State Board of Education is composed of the Governor, At¬ 
torney-General, Superintendent of Public Instruction; and 
three experienced educators to be elected every four years 
by the State Senate from a list of eligible persons one of 
whom shall be nominated by the respective Boards of Vis¬ 
itors or Trustees of the University, the Military Institute, 
the Polytechnic, the State Teachers’ College at Farmville, 
the School for the Deaf and Blind and William and Mary 
College. Two associates shall be selected from Division 
Superintendents of Schools, one from a county and the 
other from a city to hold office for two years and have the 
same powers and duties with the other members of the 
Board, except that they shall have no part in the appoint¬ 
ment of any public school official. There are eleven State 
Supervisors, each having a separate department such as: 
Home Economics Education, Agricultural Education, Phys¬ 
ical Education, Rural Education, etc. 

[ Section 100 ] 

THE SUPERINTENDENT OP PUBLIC INSTRUC¬ 
TION who must be an experienced educator is elected by 
the qualified voters of the State at the same time and for 
the same term as the Governor (four years). His duties are 
prescribed by the State Board of Education of which he is 
ex-officio President. His salary is fixed by the Legislature. 
The powers and duties of the Board of Education are ample 
for the efficient conduct of the educational system of the 
Commonwealth. It makes the school divisions, of not 
less than one county or city, appoints one division Super¬ 
intendent of Schools for each division for four years, pre¬ 
scribes his duties and may remove him for cause. Sub¬ 
ject to statute it manages and invests the school fund. 
It makes rules and regulations for the management and 
conduct of the schools, which when published have the 
force of law unless the General Assembly revises, amends 
or repeals the same. It selects text books, and school 
appliances, exercising discretion in the books suitable for 
cities and counties. It appoints five Directors to serve 



The Literary Fund 


41 


without compensation known as the Library Board who 
shall have the management of the State Library and the 
appointment of a Librarian and other employees thereof, 
subject to the rules the General Assembly may prescribe. 
(But they have nothing to do with the Law Library and 
the appointment of a librarian and employees thereof 
which is under the management of the Court of Appeals.) 
Each Magisterial District is a separate school district un¬ 
less the Legislature provides differently. Each district 
under the new law has one school trustee who may be man 
or woman; as is also the case in cities, and towns form¬ 
ing separate school districts. The Board of Education 
has charge of the Literary Fund of which the Second Aud¬ 
itor is the accountant. They too manage the Samuel 
Miller School Fund. 

XI. The Literary Fund. 

[ Section 101 ] 

THE LITERARY FUND of the State consists of the Lit¬ 
erary Fund when the Constitution was adopted; of the pro¬ 
ceeds of all public lands donated by Congress for public 
free school purposes; of all escheated property (that is 
property that has no owner); of all waste and unapprop¬ 
riated lands; of all property accruing to the State by for¬ 
feiture, and all fines collected for offences committed a- 
gainst the State; and of such other sums as the General 
Assembly may appropriate. Only the interest can be used, 
as the principal under the Constitution has to be kept as 
a permanent and perpetual fund. 

[ Section 102 ] 

The history of the Literary Fund is most interesting. 

The first Governor Tyler, in his message of December 
4, 1809, made several recommendations upon the subject 
of education. James Barbour, a member of the General 
Assembly, afterwards Governor and Minister to England, 
drew the bill which became the act of February 2, 1810 
(Acts 1809, page 15). An account was directed to be 



42 


Govermnent in Virginia 


designated as the Literary Fund, to which should be cred¬ 
ited every payment thereafter made into the treasury on 
account of any escheat or confiscation, or any fine, pen¬ 
alty or forfeiture, provided always that this should not 
apply to militia fines. 

This act justified the claim of Governor Barbour to 
be the “father of the Literary Fund”; although the bill 
drawn by Charles Fenton Mercer, which became a law on 
February 11, 1811 (Acts of 1810, p. 10), provided for the 
Board of Managers of the Literary Fund, and forbade the 
appropriation of its funds to any other object than the ed¬ 
ucation of the poor, as well as providing for its increase 
from the surplus of the United States’ debt due Virginia. 
William Noland, Esq., was the chairman of the committee 
which reported both of these bills, and is entitled to a share 
of the credit for the foundation. 

[ Section 103 ] 

For school purposes the Constitution provides that the 
Legislature must apply the annual interest on the Literary 
Fund; so much of the State Capitation taxes as is not 
returnable under the Constitution to the counties and cit¬ 
ies (the amount so returned being $.50 on each collection 
of $1.50); and an annual tax on property of not less than 
one, nor more than five mills on the dollar, to the primary 
and grammar grades for the equal benefit of all the people 
of the State to be apportioned on a basis of school popu¬ 
lation ;—the number of children between the ages of seven 
and twenty years in each school district to be the basis 
of such apportionment. In case of the segregation of the 
kinds and classes of property for the purposes of taxation, 
as to State taxes and local levies, the Legislature may pro 
vide a fixed appropriation of the State’s revenue to thv 
support of the schools not less than that above mentioned. 

[ Section 104 ] 

Local school levies are laid in each county, city and 
town, if a separate school district, and each school district 



Local School Levies 


43 


may raise additional sums by a levy fixed by the General As¬ 
sembly to be apportioned and expended by the local school 
authorities of said counties, cities, towns and districts in 
establishing and maintaining such schools as in their judg¬ 
ment the public welfare may require; but such primary 
schools so established in any school year must be main¬ 
tained at least four months of that school year, before any 
part of the fund assessed and collected may be devoted to 
schools of higher grade. Such local levies must be laid 
and collected as provided by the Boards of Supervisors of 
the counties, and the councils of the several cities and 
towns, if the same be separate school districts. 

[ Section 105 ] 

The Constitution gives the General Assembly author¬ 
ity to establish agricultural, normal, manual training and 
technical schools, and such grades as shall be for the pub¬ 
lic good. There are a great number of these schools now 
in operation, and their work is well known. 

[ Section 106 ] 

The Constitutional provision as to compulsory edu¬ 
cation has been amended and something is left to the Gene¬ 
ral Assembly, which has fixed the age at a period between 
eight and fourteen, and made certain exceptions as to dis¬ 
ability, distance, etc. 

[ Section 107 ] 

Where parents or guardians are unable to furnish 
books because of poverty, necessary text books are sup¬ 
plied by law to children attending the public schools. 

[ Section 108 ] 

The teaching of white and colored children in the same 
school is forbidden by the Constitution. 



44 


Government in Virginia 


[ Section 109 ] 

No appropriation of public funds can be made to any 
school or institution of learning not owned exclusively or 
controlled by the State, or some of its political sub-divis¬ 
ions. This does not limit the Legislature in continuing 
the appropriation to William and Mary College, her does it 
affect the payment of interest on what are known as School 
and College Certificates issued in place of the bonds for¬ 
merly held by the schools and colleges of the Common¬ 
wealth, of which there are at present not quite two and a 
half millions. Nor does it forbid counties, cities, towns and 
districts from making appropriations to non-sectarian 
schools of manual, industrial or technical training, nor does 
it apply to any school or institution of learning owned or 
exclusively controlled by them. 

[ Section 110 ] 

Boards of Visitors .or Trustees of educational institu¬ 
tions are appointed as provided by the Legislature for the 
term of four years. They are generally appointed by the 
Governor. 


XII. Retired Teachers’ Pension Fund. 

[ Section 111 ] 

The State Board of Education with the Second Aud¬ 
itor of Virginia as the accountant of the Literary Fund, 
has charge of the Retired Teachers* Pension Fund. One 
per cent upon the total salary received from state and 
locality by each teacher in the public free schools is retain¬ 
ed in the State Treasury and is known as the Retired Teach¬ 
ers* Pension Fund. The State contributes ten thousand 
dollars a year to this fund, and there is the sum of one hun¬ 
dred and eighty-two thousand dollars of State and local 
bonds belonging to the Fund. The pension paid to those 
who have taught twenty years and are disabled, or to those 
who have taught thirty years, who must cease teaching in 



School Loan Act 


43 


each case to receive a pension, is one half of the amount of 
their last five years average salary payable to them in 
quarterly payments by the Treasurer upon the warrant 
of the Second Auditor issued upon the order of the State 
Board of Education. The limit of the amount that can 
be received by any pensioner is five hundred dollars. Ap¬ 
plications are made to the Board of Education for pensions, 
and that Board passes upon the evidence and disposes of 
such applications. As an illustration of the Retired Teach¬ 
ers’ Pension System: If one has taught for twenty years 
and is physically disabled from teaching and receiving an 
average salary of four hundred dollars for the last five 
years, and is eligible to the pension roll as a retired teach¬ 
er, he or she receives two hundred dollars per annum pay¬ 
able fifty dollars each quarter. There are nearly six hun¬ 
dred retired teachers now provided for on the pension roll. 
And further provision will have to be made in future as the 
number increases. 

XIII. School Loan Act. 

[ Section 112 ] 

Perhaps as notable an act as was ever passed in Vir¬ 
ginia was that which allowed the principal of the Literary 
Fund to be lent to the school districts of the Common¬ 
wealth for the purpose of building good school houses. 
Since its passage nearly four millions has been lent, and 
nearly half that amount has been repaid. One fifteenth 
of the loan and a low rate of interest on the balance of 
the loan (three per cent per annum if the amount is $3,000. 
and under, and four per cent if over that amount) are re¬ 
paid annually. The principal to be returned to the Lit¬ 
erary Fund, and the interest to be applied to the school 
system. The largest amount permitted is $25,000 on any 
one building which must represent not more than two- 
thirds of the value of the building—the locality being re¬ 
quired to supply the other third. By the law, the Literary 
Fund is given a lien upon the school building and grounds. 



46 


Government in Virginia 


Fifteen bonds are executed by the chairman of the School 
Board and signed by him and the Clerk of the Board for 
the amount of the loan after the application has been ap¬ 
proved by the Board of Education and the title shown to 
have been examined and found correct by the certificate 
of the Circuit Judge. Upon receipt of these bonds duly 
executed, the Second Auditor notifies the Board of Educa¬ 
tion of the fact, and a warrant is given by the Board, pay¬ 
able to the Treasurer of the locality in which the school- 
house is, as the bonded officer and the amount is paid out 
of the Literary Fund. 


[ Section 113 ] 

The splendid school houses all over Virginia testify 
to the wisdom of those who passed this law; for every 
county in the State has taken advantage of its pro¬ 
visions, as have some of the towns. There are more 
than eight thousand of these school bonds in the possession 
of the Second Auditor, which are falling due throughout 
the year, and the collections from fines and escheats, and 
waste lands together with the repayment of the principal 
of said loans, amounting to more than four hundred thous¬ 
and dollars a year, are being thus invested. 

[ Section 114 ] 

When the School Loan act was first passed, it was 
necessary to sell some of the invested funds of the Literary 
Fund; but those investments have been restored, and only 
the accruing sums above mentioned and the repayments 
of the principal of the loans are now used. 

On the first of October, 1923, the investment of the Lit¬ 
erary Fund amounted to $4,883,454, of which $2,366,626 
are school loans, $2,206,960 are state bonds, and $159,666 
are long term school loans which represent investments in 
local bonds made by the Board of Education under special 
acts allowing the localities to issue such bonds payable at 
long periods mentioned in such acts. 



Local School Money 


47 


XIV. State School Revenue. 

[ Section 115 ] 

The revenue for school purposes conies from State 
and Local sources, and some of it from Federal sources. 

[ Section 116 ] 

The State school money is derived from direct appro¬ 
priation made by the Legislature; from the interest on 
the Literary Fund Investments mentioned, and from direct 
taxation laid on real and personal property (sometimes 
called the Mill tax because of the provision in the Consti¬ 
tution that an annual tax on property of not less than one 
nor more than five mills on the dollar shall be laid for the 
schools of the primary and grammar grades apportioned 
on the basis of school population between the ages of sev¬ 
en and twenty years in each school district.) Then too, 
one dollar of the State Capitation tax collected from each 
citizen over twenty-one goes to the State schools—the 
other half-dollar going back to the locality whence it was 
collected, being repaid the local Treasurer by the Auditor 
of Public Accounts. 


[ Section 117 ] 

THE LOCAL SCHOOL MONEY is derived from levies 
laid by the taxing power of the counties, cities and towns— 
the Board of Supervisors in the one case and in the other 
the Common Councils or other authorized bodies—or from 
donations or the income therefrom, or any other funds 
which may be set apart for such school purposes. Also 
from District funds levied for District purposes, including a 
Dog Tax. Limits are fixed by the General Assembly which 
such levies cannot exceed and in some cases a vote of the 
people of the localities within the limits is allowed if the 
local authorities desire it. The Boards of Supervisors and 
Common Councils are required to lay the levy for local 
school purposes at their regular April meeting, or as soon 





48 


Government in Virginia 


as practicable when the Division Superintendent shall have 
laid before it the School Board’s estimates. The amount 
so levied must not be less than fifty cents nor more than 
one dollar, on the $100 worth of property, and an addition¬ 
al levy not exceeding twenty-five cents on the $100 worth 
of property to meet loans for school purposes. 

[ Section 118 ] 

Of the $22,554,000. of school money received in the 
year 1922, from all sources—state, and local, etc.—twenty- 
four and a half per cent came from the state; ten per 
cent from the counties; seventeen and four-fifths from 
the districts; twenty-seven from the cities, and twenty 
and seven-tenths from other sources (city and county.) 

Of that amount seventy-nine per cent was spent for 
instruction; two and nine-tenths for overhead charges, and 
eighteen and one-tenth for other expenses of operation. 

[ Section 119 ] 

Of the 680,924 children of public school age in 1922 
(between seven and twenty) there were 137,077 city child¬ 
ren and 543,847 county children. And of the total public 
school enrollment of 545,669; there were 113,453 city 
children; and 432,216 were county children. Of the 
398,235 children in school attendance, there were 93,644 
city children and 304,591 county children. 

[ Section 120 ] 

Of the 15,401 teachers in the public schools 2,937 were 
city teachers and 12,464 were county teachers. Of these, 
they who held higher than first grade certificates were in 
cities 2,738 and in counties 5,006, a total of 7,744. From 
the 292 accredited high schools there were 4,081 graduates 
of which 32 6-10 per cent were boys and 67 4-10 were girls. 

[ Section 121 ] 

The average salary of all public school teachers white 
and colored was $722. The per capita cost of instruction 



School Property 


49 


on enrollment was $38.15. And the school term in days 
was 159. 


[ Section 122 ] 

Of the $20,832,639. (leaving off cents) spent during 
1922 there was spent the following for Vocational Educa¬ 
tion $207,638. of which amount $99,371. was for Agri¬ 
culture; $35,422. was for Trades and Industries; $27,594. 
was for Home Economics and $45,251 was for Teacher 
Training. Of the amount for Vocational Education about 
one-half is returned to the State by the Federal Govern¬ 
ment under the terms of the United States statute known 
as the Smith-Hughes Act. That Act in terms applies such 
U. S. funds to the four items above classed as “Vocational.” 

[ Section 123 ] 

The properties (school buildings, etc.) of the State 
public schools are valued at $32,856,769, of which $13,432,- 
714 is city property; and $19,424,055 is county property. 

[ Section 124 ] 

The school money comes from several sources. 

1. From direct collections of the local school levies 
printed on the bill whenever a citizen pays his taxes. This 
is usually due on the first of December. These bills 
(known as tax bills) are made out by the County and City 
Treasurers from the books in the clerk’s office, returned 
there with copies sent the Auditor of Public Accounts in 
Richmond, by the Commissioners of the Revenue and the 
Assessors of the county or city. These officers have list¬ 
ed, alphabetical by name of owner in each district or ward, 
all the personal and real property of the tax payers of that 
county or city, and added up and set down the total a- 
mounts of the same. The rate charged on the value of 
the property so “totalled” and set down is fixed by the 
Board of Supervisors of the county, and the councils of 
the cities and towns. 





50 


Government in Virginia 


[ Section 125 ] 

The rate so fixed by the Board of Supervisors or city 
council is made after the school board of the county or 
city has made its estimates of the school needs. Gener¬ 
ally its advice is taken; though it sometimes happens 
that a member of the Board or Council either considers 
himself a better judge of the needs of the schools, or 
thinks himself a better friend of the tax-payer than the 
school officials. 


[ Section 126 ] 

2. Another source f^om which money for schools 
comes into the local treasury is from the state school 
taxes collected, at the time that the local levy is collected. 
The County and City Treasurers receive the school money 
based upon school population (between 7 and 20), twice 
a year from the Treasurer of Virginia upon order of the 
Auditor of Public Accounts. This includes two-thirds of 
the amount of the capitation taxes for school purposes; 
there having been also returned the other third to the local 
treasurers to be disposed of by the Board of Supervisors 
or City Councils, as they may deem best. 

[ Section 127 ] 

3. The third source whence school money comes to 
the Treasurers of the counties, cities and towns is from 
appropriation made by the General Assembly for school 
purposes according to population, and in certain instances 
to particular objects, as to Rural Graded Schools, Pligh 
Schools, Agricultural High Schools, etc. This fund is 
paid by the State Treasurer upon the order of the Second 
Auditor of Virginia, after the apportionment has been 
made by the State Board of Education. 

[ Section 128 ] 

Every school teacher in the Public Schools is paid a 
monthly salary by a warrant drawn by the local school 



School Money 


51 


authorities—that is by the Chairman and Clerk of the 
School Board of the county or city in which the school is 
situated. Upon presentation of this warrant duly en¬ 
dorsed the Treasurer of the city or county pays it and 
takes in the warrant to be used as his voucher when he 
settles with the School Board. 

[ Section 129 ] 

All the school money belonging to the localities, for 
whatever purpose is paid to the Treasurers of the counties, 
or collectors of cities and towns, as they are the bonded of¬ 
ficers of the communities. The compensation of these of¬ 
ficers is fixed by the statute, and is liable to change by act 
of the General Assembly at any time. At present they re¬ 
ceive commissions ranging in eleven different amounts 
from seven per cent on all local levies collected, below 
$30,000. down to three per cent on amounts collected over 
$250,000. In computing the Treasurer’s compensation 
the collections of revenue for county and city purposes and 
for school purposes shall be treated as one fund. 

[ Section 130 ] 

(a) In addition to the commissions mentioned, the 
local treasurer has for receiving and disbursing money 
from the sale of county and city bonds, or district road, 
bridge or school bonds, one-fourth of one per cent of the 
amount of the proceeds of the sale of such bonds, and be¬ 
sides a reasonable cost of additional surety bonds required 
to be given by him on account of such bond issue. 

[ Section 131 ] 

(b) On money appropriated by the General Assem¬ 
bly, and on money apportioned from the Literary Fund 
for school purposes the county and city Treasurers are en¬ 
titled to such compensation as shall be allowed by the 
School Board of the counties and cities not exceeding one 



52 


Government in Virginia 


per cent of the amount of such school funds received and 
disbursed by him. 


[ Section 132 ] 

(c) On delinquent taxes received and disbursed, col¬ 
lected by the clerks of the courts and turned over by them 
to the local treasurers, such treasurers receive five per 
cent of such amounts turned over to them. On money 
received from delinquent tax-payer or from sale of delin¬ 
quent lands they receive ten per cent. 

[ Section 133 ] 

(d) On money appropriated by the General Assem¬ 
bly for road purposes, the County Treasurers receive for 
their services one-fourth of one per cent on the amounts 
so received and disbursed by them. 

[ Section 134 ] 

(e) An incoming local treasurer receives two per 
cent for receiving and disbursing the money turned over 
to him by the outgoing treasurer, and for collecting the 
tax tickets turned over to him and disbursing the same, 
he receives three and a half per cent, except upon school 
funds turned over to him derived from appropriation by the 
state, or apportionment by the Literary Fund. His com¬ 
pensation is one per cent of the amount of such funds 
turned over to him. And on funds derived from county, 
city or district bonds issued, his compensation shall be 
one-fourth of one per cent of the amount of such funds 
turned over to him. 


[ Section 135 ] 

(f) On all other funds than these specified, the local 
treasurers receive as compensation for their services for 
receiving and disbursing such funds, one per cent of the 
amount of such funds. Such funds include the proportion 



Local Treasurers 


53 


of the capitation taxes returned to the counties and cities 
by the State; funds received from sale of county and dis¬ 
trict property, donations to county, city or district for any 
purpose (except amounts received for school libraries) 
loans made by Boards of Supervisors, City Councils, or 
County School Boards, and all other funds ordered to be 
received by the county, city or school authorities. 

[ Section 136 ] 

(g) No Treasurer shall receive any compensation 
upon money loaned by the Literary Fund for school im¬ 
provements. 


[ Section 137 ] 

(h) The Councils of cities are given authority in 
certain cases to fix the compensation of City Treasurers. 

[ Section 138 ] 

“LOCAL REVENUE” as here used includes funds from 
the assessment of real estate, personal property, licenses, 
merchants’ purchases and all other subjects of taxatioh 
whether the assessments are returned by Commissioners 
of the Revenue, Examiners of Records, or the State Cor¬ 
poration Commissioners, to be used for the benefit of the 
several counties, cities, school districts, road districts, or 
magisterial districts in which such assessments are made. 

[ Section 139 ] 

As the money returned by vote of the General Assem¬ 
bly from the Treasury to the local treasurers has no refer¬ 
ence to that received from any particular locality but is 
distributed in proportion to school population, number of 
War pensioners, and miles of road, it seems unjust to 
speak of counties who thus receive more than is paid by 
them as “pauper” counties, or as “unprofitable counties.” 



54 


Government in Virginia 


In illustration: there are $679,000 paid War pensioners in 
the country and $98,000 in the cities; there are 542,000 
children in the country and 138,000 in the cities; and all the 
roads are in the country. The showing that seventy-five 
per cent of the counties receive more than they pay in, is 
perhaps but saying that they have more pensioners, more 
children, and more roads than the other twenty-five per 
cent. 

THE COUNTY SCHOOL BOARD. 

[ Section 140 ] 

The County is the Unit of School Administration in¬ 
stead of the Magisterial Districts since the Act of 1922. 
There being one trustee selected as provided by law from 
each Magisterial District. What were formerly District 
School Boards are now merged into the County School 
Boards who have all the powers, duties and responsibilities 
of the District Boards. The County School Board is made 
a corporate body capable of suing and being sued. All 
District School Boards, and all other County School Boards 
are abolished, though in any city or town made a separate 
School Division by law, the administration of the public 
school system is not affected. 

[ Section 141 ] 

The trustees of a town constituting a separate school 
district are made members of the County School Board; 
though such town has but one vote in the Board. District 
and County School levies are not affected nor are the obli¬ 
gations to the Literary Fund for bonds issued for school 
purposes, or other debts peculiar to a district, affected. 

[ Section 142 ] 

The members of the County School Board must 
qualify before entering upon their duties by taking the 
oath of office prescribed for County Officers. At their first 



County School Board 


55 


meeting on or before the tenth of September they elect a 
Chairman from their number and appoint a competent per¬ 
son as Clerk, and fix his compensation. The Division 
Superintendent has a vote on any question in case of a tie 
vote. 


[ Section 143 ] 

The County School Board, on or about the first of 
April, must prepare with the advice of the Division Super¬ 
intendent, an estimate of the amount needed for the sup¬ 
port of the public schools of the County, for overhead 
charges, for instruction, for operation, for maintenance, for 
auxiliary agencies, for miscellaneous, including treasurer’s 
commissions, and for permanent capitalization. So much 
in detail shall it be, that the Board of Supervisors and the 
tax-payers may be well informed as to every item in the 
estimate. On this estimate the County School Board 
shall request the Board of Supervisors to fix such school 
levy as will net an amount necessary for the operation of 
the schools. If the Board of Supervisors refuse to lay the 
levy as so requested, then on resolution of the School 
Board, the Judge of the Court may in his discretion, order 
an election by the people of the county, to be held during 
the month of June to determine whether such levy shall be 
so fixed. 


[ Section 144 ] 

The County School Board may provide a per diem not 
exceeding five dollars per member for each day he is in at¬ 
tendance upon meetings of the Board not to exceed twenty 
days in any one year. On July 1st, or as soon thereafter 
as possible, the County School Board shall publish an an¬ 
nual statement showing all receipts and disbursements of 
the School fund in the county which shall be published in 
some newspaper in the county, if there be one, and if not, 
in any newspaper having circulation in the county. The 
Statement shall show with reasonable detail all financial 




56 


Government in Virginia 


transactions with reference to the operation of the public 
schools. Not later than July 15th of each year, the 
County School Board shall make a settlement with the 
County Treasurer for the fiscal year ending June 30th, 

[ Section 145 ] 

No Federal, State or County officer nor any deputy, nor 
supervisor, can act as a member of the County School 
Board. But there are excepted fourth class postmasters, 
county superintendents of the poor, Commissioners in 
Chancery, Commissioners of accounts, Registrars of vital 
statistics and Notaries Public. Each member of the 
County School Board must be at the time of his elec¬ 
tion a bona fide resident of the Magisterial District for 
which he is elected, and when he ceases to be such resi¬ 
dent, he ceases to be a member of the Board. The County 
School Board, upon the recommendation of the Division 
Superintendent, approves agents to take the school census. 

[ Section 146 ] 

The consolidation of schools and the transportation of 
pupils, where it will contribute to the efficiency of the 
school system is permitted. A trustee, in his district, may 
provide for the use of the school houses therein or any legal 
assembly, out of school hours during the term, or in vaca¬ 
tion, and the School Board may permit school houses as 
voting places in any primary or regular election. 

[ Section 147 ] 

The County School Board is given the power of emi¬ 
nent domain, as to obtaining land for a school house in a 
particular spot, where no equitable arrangement for its 
purchase can be made—not to exceed one acre in town, or 
five acres in the country; but no dwelling, yard, garden or 
orchard shall be invaded; nor in any incorporated town, 
shall any space be taken within one hundred feet of a 
dwelling, nor in the country any space within two hundred 



County School Board 


57 


yards of a mansion house, without the consent of the 
owner. The School Board shall secure by visitation and 
otherwise as full information as possible about the con¬ 
duct of the schools; provide pay for the teachers and other 
officers on the first of each month, or as soon thereafter as 
possible; provide adequate facilities including necessary 
text-books for indigent children; see that proper repairs are 
made to school properties; examine all school claims, and 
when approved order payment. It shall pay salaries and 
other claims by warrant on the County Treasurer, signed 
by the Chairman, and countersigned by the Clerk of the 
School Board. The warrant to state on its face the ser¬ 
vice or purpose for which it is paid. 

[ Section 148 ] 

The School Board may establish evening classes, or 
part-time classes, giving Industrial education in Agriculture 
Household arts or Commercial training, designed to meet 
the vocational needs of persons over fourteen able to profit 
by such instructions. 

[ Section 149 ] 

Before the 1st of August, the County School Board 
must make an annual report covering the work for the 
year ending the previous 30th of June. The form to be 
supplied by the Superintendent of Public Instruction. It 
shall see that the school laws are properly explained and 
enforced; make local regulations for the conduct of the 
schools, and for proper discipline of students in accordance 
with the general rules of the State Board of Education, and 
the statutes. It shall employ teachers and place them, on 
recommendation of the Division Superintendent, and dis- 
miss teachers when delinquent, inefficient. or unworthy. 
Teachers to be employed must hold a certificate in accor¬ 
dance with the rules of the State Board of Education. A 
violation of this provision makes the individual members 
of the School Board personally liable to refund any amount 




58 


Government in Virginia 


paid, to be recovered by suit in the name of the Common¬ 
wealth’s Attorney. 

[ Section 150 ] 

The County School Board may appoint a local School 
Committee of not more than three members for each school 
house, to advise the Board and cooperate with it in provi¬ 
sion for the care of school property, and for the successful 
operation of the school. Such committee to serve without 
compensation. 


[ Section 151 ] 

THE STATE CORPORATION COMMISSION. 

Perhaps the most potent agency of the State Govern¬ 
ment after the three great Departments described, is the 
Corporation Commission. It had its consummation in 
the present Constitution of the State (1902), and is per¬ 
haps due more to the efforts of the late Caperton Braxton 
than to any other of the distinguished members of the 
body that framed that instrument. 

[ Section 152 ] 

A permanent Commission of three members was es¬ 
tablished to be known as the State Corporation Commis¬ 
sion and to serve for six years each, after the first term, 
and at first appointed by the Governor, subject to con¬ 
firmation by the General Assembly in joint session, but 
now elected by the people. No person can hold such 
position who holds any position or has any official rela¬ 
tion to any transportation or transmission company, or 
who has any financial interest therein, nor can he engage 
in the practice of the law during his term. One of the 
three Commissioners must have the qualifications pre¬ 
scribed for Judges of the Court of Appeals, and the Com¬ 
missioners may be impeached or removed as is a Judge 
of that Court. The Commission shall annually elect from 
the members a President, and shall appoint a clerk and 




Corporation Commission 


59 


bailiff and such other clerks, officers, assistants and sub¬ 
ordinates as may be provided by law, whom it may re¬ 
move, It shall prescribe its own rules of order and pro¬ 
cedure, except as limited by the Constitution. 

[ Section 153 ] 

The General Assembly was given the authority, and 
has under that authority established subordinate divis¬ 
ions or bureaus of Insurance, Banking or other special 
Branches of the business of the Department. The ses¬ 
sions of the Commission must be public, and a permanent 
record kept of all its judgments, findings, etc. Two mem¬ 
bers constitute a quorum for business. The office must 
be kept open for business every day except Sundays and 
legal holidays. The members of the Commission and its 
officers, when engaged in official duties, are transported 
free of charge by transportation companies within the 
state. The General Assembly makes provision for suit¬ 
able quarters, and for payment of its lawful expenses, in¬ 
cluding the pay for witnesses summoned, and shall fix the 
salaries of its members which shall be not less than four 
thousand dollars per annum. 

[ Section 154 ] 

The powers, duties and method of procedure are pre¬ 
scribed by the General Assembly, except as ruled by the 
Constitution. It is the department of Government 
through which charters of domestic corporations and lic¬ 
enses of foreign corporations to do business in this statq 
are issued, and for the carrying out of laws for the creat¬ 
ion, visitation, supervision, regulation and control of cor¬ 
porations chartered by, or doing business in this state. 

[ Section 155 ] 

The Commissioner prescribes the forms of all reports 
required of corporations by the Constitution or by law; it 



60 


Government in Virginia 


collects, receives and preserves such reports and annually 
tabulates and publishes them in statistical form. It sup¬ 
ervises, regulates and controls all transportation and trans¬ 
mission companies doing business in this state, and pre¬ 
scribes and enforces against them, such rates, charges, 
classification of traffic and rules and regulations, and re¬ 
quires them to establish and maintain all such public ser¬ 
vice facilities and conveniences as may be reasonable and 
just, which rules and regulations it may from time to time 
alter or amend. 


[ Section 156 ] 

It shall have the right at all times to inspect the books and 
papers of such companies doing business in the State, and 
require special reports and statements under oath cover¬ 
ing their business. It must keep itself fully informed of 
the physical condition of all railroads of the state, as to 
the manner in which they are operated with reference to 
the security and accomodation of the public, and shall 
make and enforce rules against unjust and unreasonable 
discriminations by any of said companies against any per¬ 
son, locality, community, connecting line or kind of traffic 
in the matter of car service, train or boat schedule, effic¬ 
iency of transportation or otherwise, as to the public du¬ 
ties of such companies. Ten days notice shall be given 
such company of the time and place where such matter of 
fixing rates, etc. will be considered. 

[ Section 157 ] 

The Company shall be given a reasonable opportunity 
to introduce evidence and be heard and shall have process 
to enforce the attendance of witnesses and before any gen¬ 
eral order or rule shall be prescribed, notice thereof shall 
first be published once a week for four consecutive weeks 
in one or more newspapers of general circulation in the 
city of Richmond, Virginia, with notice of the time and place 



Corporation Commission 


61 


when and where such Commission will hear objections by 
any person interested against the proposed general order, 
rule, etc. and the authority of the Commission subject to 
appeal as provided in the Constitution is paramount, except 
that the General Assembly may pass general laws there¬ 
upon. Nor does this affect powers given municipalities 
in their charters to regulate any public service corpora¬ 
tion wholly within the limits of such city, town or county 
which has granted such franchise. 

[ Section 158 ] 

In all matters touching the visitation, regulation and 
control of corporations, the Corporation Commission is 
given the powers of a Court of Record to administer oaths, 
compel the attendance of witnesses, the production of pa¬ 
pers, and to punish for contempt or disorderly conduct 
in the presence of the Commission while in session. 

It may enforce its process against a delinquent com¬ 
pany after such delinquent has been duly cited and afford¬ 
ed opportunity of offering evidence and being heard. 
Fines and penalties up to $500. or as prescribed by law 
above that sum, may be imposed as prescribed by the Con¬ 
stitution or law. 


[ Section 159 ] 

It is given power to prescribe and enforce rates in 
connection with the assessment of property of corpor¬ 
ations or with the appraisement of their franchises, or with 
the investigation of the subject of taxation generally. 

[ Section 160 ] 

APPEALS OF RIGHT lie from the action of the Cor¬ 
poration Commission to the Supreme Court of Appeals of 
the State who may provide rules for the proceedings in 
which existing rules are inapplicable. In such appeals the 
Commonwealth is made the appellee or party defendant in 



62 


Government in Virginia 


the appeal. The Commonwealth may also appeal in certain 
cases provided by the General Assembly. No court but the 
£ourt of Appeals has the right to interfere with any of 
the official acts of the Corporation Commission; but the 
writs of mandamus or prohibition already explained in the 
chapter on the Judiciary Department will lie from the last 
named court, wherever they would lie to an inferior court 
or officer. 


[ Section 161 ] 

The Corporation appealing must give bond to ensure 
the prompt refunding of all charges, pending the appeal, 
in excess of those fixed by the final decision of the Court. 
During the appeal the Company appealing must keep ac¬ 
counts to show amounts charged or received by it during 
the appeal, in excess of the charge appealed from. It 
must also keep the names and addresses of the persons to 
whom such overcharges will be refundable, if the appeal 
be not sustained. 


[ Section 162 ] 

Such appeals as to rates, etc. are given precedence on 
the docket of the Court of Appeals next after habeas cor¬ 
pus cases, and Commonwealth’s cases already on the dock¬ 
et. In such appeal all the facts are certified by the Chair¬ 
man of the Corporation Commission to the Appellate Court, 
and that Court shall read and consider the written state¬ 
ment of the reasons given by the Commission upon which 
the action appealed from was based. The action of the 
Commission appealed from is to be regarded as prima facie 
correct; but the Court may remand the case to be further 
investigated by the Commission and reported on to the 
Court. 


[ Section 163 ] 

The finding of the Court of Appeals in the matter ap¬ 
pealed from shall be as if entered by the Commission at 
the time the original order appealed from was entered. 




Corporation Commission 


63 


[ Section 164 ] 

The right of a party to sue a corporation in the Courts 
is not impaired, but the proceedings, the reasonableness 
or justness of the rules prescribed by the Commision with¬ 
in the scope of its authority shall not be questioned. Nor 
shall the matter be heard, if there be objection, during 
the suspension of the order by the Court of Appeals as pro¬ 
vided in the Constitution and laws. 

[ Section 165 ] 

The Commission shall make annual reports to the 
Governor of its proceedings and recommend needed legis¬ 
lation with reference to the regulation or taxation of cor¬ 
porations. 


[ Section 166 ] 

The Corporation Commission takes the place of the 
Railway Commission and of the Board of Public Works. 

[ Section 167 ] 

A domestic corporation (one chartered in Virginia) 
and every foreign corporation (one not chartered in Vir¬ 
ginia) doing business within the Commonwealth must pay 
a small annual registration fee which is irrespective of any 
specific license tax or franchise tax, and must make a re¬ 
port to the State Corporation Commission as to its busi¬ 
ness or condition, as provided by law. And a license is 
necessary before a foreign corporation can do business 
in this State. But a purely charitable institution may 
be relieved from the payment of any registration fee. A 
charter before the present Constitution (1902) which shall 
be amended is presumed to surrender every exemption 
from taxation, and all exclusive rights theretofore grant¬ 
ed it, and to be held subject to the terms and requirements 
of the present Constitution. 




64 


Government in Virginia 


[ Section 168 ] 

THE RIGHT OF EMINENT DOMAIN (that is the pow¬ 
er of the Commonwealth to take property for public uses 
upon payment therefor) is not abridged, nor shall the Po¬ 
lice power of the State be abridged so as to allow corpora¬ 
tions to infringe the equal rights of individuals or the well¬ 
being of the State. 


[ Section 169 ] 

IN THE MATTER OF RATES, no company may 
charge greater compensation over a shorter than over a 
longer distance along the same line where the shorter is in¬ 
cluded in the longer distance. The Corporation Commis¬ 
sion may prescribe just and equitable rates between any 
company and the public to and from junctional or competi¬ 
tive points or localities, or where competition of points 
without the state makes it necessary that there should be 
special rates for the protection of the commerce of this 
State. But this shall not apply to mileage tickets or special 
excursions or commutation rates when such rates are au¬ 
thorized by the Commission. 

[ Section 170 ] 

No member of the General Assembly, nor any State, 
County, District or Municipal Officer, except the members 
and officers of the State Corporation Commission for their 
personal use while in office, shall receive any FREE PASS 
or FREE TRANSPORTATION or any rebate or reduction in 
rates under penalty of forfeiting their offices and being sub¬ 
jected to further penalties. But street railway companies 
may transport policemen and firemen free of charge while 
in discharge of their official duties. 

[ Section 171 ] 

The “FELLOW SERVANT DOCTRINE” (which ex¬ 
empted a corporation from liabilities where one employee 




Foreign Corporations 


65 


was injured by the default of another of the same grade) 
is abolished; and all agreements waiving the benefit of the 
abolishing of the doctrine are declared void. The Gen¬ 
eral Assembly may enlarge the rights and remedies of 
such employees of railroads or of the employees of any 
person, firm or corporation. 

[ Section 172 ] 

All foreign corporations (except those whose lines 
extend across the boundaries of the Commonwealth) are 
bound by the laws applicable to domestic corporations 
where applicable and without discriminating against such 
foreign corporations. And no foreign public service cor¬ 
poration, without first becoming incorporated under the 
laws of Virginia, shall acquire, lease, use or operate within 
this State any public or municipal franchise in addition 
to such as it may own or lease when the Constitution 
went into effect. 


[ Section 173 ] 

The General Assembly is in terms permitted to dis¬ 
criminate against foreign corporations whenever and in 
whatsoever respect it may deem wise or expedient. And 
it is declared further in the Constitution that the right of 
the Commonwealth to prescribe and define the public du¬ 
ties of all common carriers, and public service corpora¬ 
tions and to regulate and control them in the performance 
of their public duties, and to fix and limit their charges 
therefor, shall never be surrendered nor abridged. 

[ Section 174 ] 

The General Assembly is required by the Constitu¬ 
tion to enact such laws as shall prevent trusts, combina¬ 
tions and monopolies inimical to the public welfare. 



66 


Gov eminent in Virginia 


[ Section 175 ] 

No railroad shall have the exclusive right to parallel 
its own or any other line of road, but subject to law a rail¬ 
road may parallel, intersect, connect with or cross any 
other railroad; but it may not build or operate any line 
not specified in its charter or some amendment thereof. 

[ Section 176 ] 

All railroad companies whose fines connect are re¬ 
quired by the Constitution to receive and transport each 
other’s passengers, freight and loaded or empty cars with¬ 
out delay, and without discrimination. But the General 
Assembly shall have the right to prevent the parallelling 
of the Richmond, Fredericksburg and Potomac Railroad. 
Though such act, if passed, is repealable at the pleasure 
of the General Assembly. The State owns about one- 
sixth interest in the last named railroad. 

[ Section 177 ] 

Stocks and bonds of corporations are to be regulated 
as to their issue by similar laws passed by the General 
Assembly. But a sworn statement in detail verified by 
the oath of the proper officers must be filed with the State 
Corporation Commission, specifying and describing the val¬ 
uation, services, etc. and such corporation shall comply 
with all other requirements or restrictions imposed by law. 
Penalties imposed by the General Assembly or authorized 
by the Constitution for violation of this law, shall be ad¬ 
judged and enforced by the Commission. 

XV. The State Highway System. 

[ Section 178 ] 

THE STATE HIGHWAY COMMISSION consists of 
five members, one from each of the five geographical div¬ 
isions of the State, appointed by the Governor subject to 
confirmation by the Senate, and removable by the Gover¬ 
nor. After the first appointments which range from one to 



State Highway Commission 


67 


four years, the appointments shall be made for four years. 
Vacancies are filled by the Governor for the unexpired term 
effective until fifteen days after the next General Assem¬ 
bly. THE CHAIRMAN OF THE COMMISSION may at the 
time of appointment be a non-resident of Virginia. If so he 
shall be accredited to the Grand Division in which Rich¬ 
mond is located. The Chairman must be a practical bus¬ 
iness man, and is to be designated by the Governor. His 
title is “Chairman of the Highway Commission.” He 
must devote his entire time and attention to the duties 
of the office, and his compensation is fixed by the Gover¬ 
nor subject to the approval of the Commission. He also 
receives his travelling expenses while engaged in the dis¬ 
charge of his duties. The other members of the Com¬ 
mission receive ten dollars per day and their actual ex¬ 
penses. The Commission must meet at least once in ev¬ 
ery three months, and oftener if necessary to transact 
the business properly before it, upon the call of the Chair¬ 
man. Three members constitute a quorum for all pur¬ 
poses. The main office is to be in Richmond. 

[ Section 179 ] 

ENGINEERS AND EMPLOYEES necessary to carry 
on the construction and maintenance of the roads em¬ 
braced in the State Highway System and State aid work of 
the Department are employed subject to the approval of 
the Highway Commission. The Chairman of the Commis¬ 
sion shall employ such other clerks, assistants and em¬ 
ployees as may be needed, and prescribe and fix their du¬ 
ties. Such engineers, clerks, assistants, and employees 
shall receive such salaries and expenses as may be fixed 
by the Commission, subject to the approval of the Gov¬ 
ernor. The Chairman is given discretion to establish such 
offices in the various construction districts of the State 
as may be necessary to carry out the provisions of the act. 



68 


Government in Virginia 


[ Section 180 ] 

Oaths of office are required for the faithful discharge 
of their duties by the members of the Commission, with 
bonds in a penalty to be fixed by the Governor for such 
faithful discharge of their duties, and for the full and pro¬ 
per accounting for all public funds coming into their pos¬ 
session, or under their control. The premiums on bonds 
to be paid out of the State Highway Fund, as are salaries 
and expenses. All such payments to be upon warrants on 
the State Treasurer out of funds appropriated for that pur¬ 
pose issued by the Auditor of Public Accounts to those en¬ 
titled, upon certificates of the Chairman of the State 
Highway Commission. 

[ Section 181 ] 

The Commission has the following powers: To loc¬ 
ate and establish routes to be followed by the roads which 
make the State Highway system; but where the route 
is located and established by law no change shall be so 
made, provided that appeals pending July 1st, 1922 shall 
be heard by the Commission. It shall not locate and es¬ 
tablish any route until thirty days written notice of the 
proposed action shall have been given to the Clerk of the 
Circuit Court of the county in which the route, or any 
part of it, is to be located, and until such notice has been 
published, at least once in the county paper, or other paper 
of general circulation in the county, before the proposed 
action, and until a local hearing has been had by the Com¬ 
mission, if requested. The Clerk of the county upon re¬ 
ceipt of the notice must immediately notify the Board of 
Supervisors, and the local road authorities of the county. 
A re-hearing of the decision to locate a route shall be heard 
and determined, if, within thirty days from the filing of the 
report with the clerk of the county, an application is made 
by the Board of Supervisors or local road authorities of 
said county, or by at least fifty free-holders. 




State Highway System 


60 


[ Section 182 ] 

The Commission shall let all contracts for the build¬ 
ing, improvements, and maintenance of the roads of the 
highway system. It shall make rules and regulations not 
contrary to the State law for protecting and covering 
traffic on and use of the State Highway system, which 
rules and regulations shall have the force of law, whose 
violation is declared a misdemeanor and punishable upon 
conviction by fine of not less than five nor more than one 
hundred dollars for each offence. And the Common¬ 
wealth may recover actual damage sustained by reason 
of a wrongful act, in a civil action brought by the High¬ 
way Commission, which amount when collected shall be 
paid into the State Treasury to the credit of the State 
Highway Fund. The rules and regulations shall be print¬ 
ed by the Commission and two copies mailed to the Clerk 
of every Court of Records by whom one copy shall be 
posted in the office for the information of the public. Such 
rules and regulations are not to be effective for sixty days 
after their adoption by the Commission. To enforce 
these rules and regulations, all of the employees of the 
Commission may be appointed by it as special policemen 
with powers of a sheriff. The act in terms, until further 
action by the Commission, adopted the rules and regu¬ 
lations adopted by the State Highway Commission May 
25, 1920. 


[ Section 183 ] 

The Commission is to give suitable names to, and may 
change the names of any highways forming a part of the 
State Highway system, except those already named or 
named hereafter by the General Assembly. 

[ Section 184 ] 

It has power to comply fully with the provisions of 
the Federal Aid Acts and to make contracts with the Un¬ 
ited States Government as to surveys, construction, im- 



70 


Government in Virginia 


provement and maintenance of roads under the provisions 
of Acts of Congress, to submit programs required by the 
Secretary of Agriculture, and to do all things necessary 
to cooperate with the Acts of Congress as to rural post 
roads. It shall keep accurate minutes of all its meetings 
showing its proceedings in carrying out the provisions of 
this Act. 


[ Section 185 ] 

The Commission is given power beginning with 1922 
to add to the State Highway system road mileage not ex¬ 
ceeding two and a half per cent of the total mileage of 
said system each calendar year—not to be cumulative 
however. At the first meeting after determination to 
make such addition, an order shall be entered by the Com¬ 
mission on its minute books, setting forth the terminal 
points, the mileage, the description of the route and the 
fact that it has been added, and is a part of the State 
Highway system. 


[ Section 186 ] 

The Commission is to gather and tabulate informa¬ 
tion and statistics on road building, maintenance and im¬ 
provement, and to publish the same throughout the State 
through Farmers’ Institutes, the Good Roads Association, 
and the bulletins of the Department of Agriculture. 

[ Section 187 ] 

The Chairman of the Highway Commission is given 
plenary or full powers for constructing, improving and 
maintaining the roads embraced in the State Highway 
system, except the powers conferred on the Commission. 
He is to execute all orders and decisions of the Commis¬ 
sion, and to see that employees and appointees perform 
their duties. He shall as soon as practicable organize 
a sufficient patrol force to keep the roads embraced in 



State Highway System 


71 


the Highway system in good condition. He shall supply 
technical information on road building to any citizen or 
officer of the State on application, and may recommend 
to the local road authorities of any county, and to the 
Governor, needed improvements in the public roads. With 
the aid and advice of the State Accountant, he shall have 
installed a complete and modern system of book-keeping 
for the Highway Department, which shall show in detail 
all receipts and disbursements, the source of such receipts, 
and the purpose, amount and recipient of all disbursements. 

[ Section 188 ] 

The State shall be divided by the Commission into not 
less than eight CONSTRUCTION DISTRICTS. In each of 
which, work shall be started at the same time as nearly as 
possible, and continued therein. The available construction 
funds for each year shall be allotted or “allocated” by an 
equitable apportionment among the Construction Districts 
by the 1st of April of each year. Due announcement 
shall be made thereof. A public hearing at which the 
political divisions of the State and interested citizens may 
be heard, shall be had before the allotments are finally 
approved. 


[ Section 189 ] 

CONTRACTS, except in cases of emergency, over five 
thousand dollars shall be let by the Commission after pub¬ 
lic advertising for bids, stating the place and time when 
bidders may examine the plans and specifications and when 
bids for such work will be opened, etc. at least twenty 
days prior to the letting. Each bidder must file certified 
check as a guarantee that if awarded the contract he will 
begin and do the work, etc The contract must be let to 
the lowest responsible bidder, who must give bond to the 
Commonwealth in the sum of thirty per cent of the estim¬ 
ated cost conditioned upon the faithful performance of the 
work as specified; the bond to be kept on file in the office 



72 


Government in Virginia 


of the Highway Commission. The Commission may re¬ 
ject all bids, and advertise again. All bids are open to 
inspection at all times as public records. The Commission 
is given permission to build or maintain any of the roads in 
the Highway system. The successful contractor must en¬ 
ter into an agreement with the Chairman of the Commis¬ 
sion, setting out when the work will begin, be completed, 
and the time and manner for the payment of the work; and 
a certain per cent or fixed sum must be retained until after 
a certain date fixed for the completion and acceptance of 
the work undertaken. 


[ Section 190 ] 

The Chairman is vested with the unusual power of 
EMINENT DOMAIN (which is the power of the State to 
take private property for certain public uses upon payment 
therefor) so far as necessary to the building, alteration, 
maintenance and repair of the roads in the State Highway 
system. He may condemn right-of-ways, lands, quarries, 
and locations, with right of ingress and egress, containing 
gravel, clay, sand, stone, rock, timber and other road ma¬ 
terial useful or necessary in carrying out the purposes men¬ 
tioned. 

[ Section 191 ] 

CONDEMNATION PROCEEDINGS shah be instituted 
and conducted in the name of the Chairman of the High¬ 
way Commission as in similar proceedings for railroad cor¬ 
porations and as provided under the general laws of the 
State as far as applicable to the subject of road building. 
Such proceedings shall be by petition to the Circuit Court 
of the county where the land lies, or to the judge in vaca¬ 
tion. There must be a reasonable description of the inte¬ 
rests, rights, and property intended to be taken, the name 
of the land owner, and such other facts as may be deemed 
necessary by the Chairman to give full information to the 
Court, and all persons interested. To be certified to by 
the Chairman or his duly authorized agent or attorney. 




State Highway System 


78 


[ Section 192 ] 

Upon the return of the report of viewers appointed, 
the sums ascertained shall be paid to those entitled, or for 
them into Court or to the Clerk. And the title and rights 
condemned vest in the Commonwealth in fee simple, or 
as prayed in the petition, and the Chairman may then en¬ 
ter upon or use the property and rights condemned. But 
the property owner or Chairman may appeal to the Cir¬ 
cuit Court, on exception to the report, on the question only 
of damages or compensation. 

[ Section 193 ] 

From the most convenient lands, wood, stone, gravel, 
earth or other material necessary in the construction, re¬ 
construction and maintenance of any roads and bridges 
embraced in the State Highway system may be taken by 
the Chairman without the institution of condemnation 
proceedings. The owner or tenant, and the Chairman 
or his agent may agree as to the amount of damage caused 
by the taking and such damage shall be paid. In case 
of disagreement, a justice of the peace in the county where 
the land is, may, upon application by the owner or tenant 
may summons three free holders of said county, who after 
being sworn shall view the land, and ascertain and report 
to the Chairman or his agent the just compensation to the 
owner or tenant for the damage done by such taking. The 
Chairman may allow the full amount or any part that may 
seem reasonable; but the owner or tenant has the right 
of appeal to the Circuit Court of the county where the land 
lies. 


[ Section 194 ] 

Should any part of the law be declared unconstitu¬ 
tional the other part shall remain in force. 



74 


Government in Virginia 


[ Section 195 ] 

The highway system is the creature of statute, not be¬ 
ing a constitutional creation, and therefore, is liable to be 
changed at any time at the pleasure of the General As¬ 
sembly. . 4 J 


[ Section 196 ] 

All of its revenue passes through the auditing depart¬ 
ment of the government, and it is therefore always possible 
for those interested to know the amounts received and ex¬ 
pended for the highway system. Sometimes confusion 
arises in the minds of those unacquainted with the methods 
of government because of the inability or the divergence 
of opinion of good men to foretell what the future has in 
store for the highway system upon the adoption of some 
plan for raising revenue. 

[ Section 197 ] 

Some recall the fact that in 1871, under the “Consol 
Act” after setting aside as West Virginia’s share one-third 
of the debt of the Commonwealth made for internal im¬ 
provements, the State assumed to pay thirty millions at six 
per cent interest per annum which took $1,800,000 out of a 
gross annual State revenue of $2,800,000, and that this ef¬ 
fort at the impossible had resulted in the futile acts of 1872 
known as the Peeler Act, of 1879 known as the Ten-Forty 
Act, of 1882 known as the Riddleberger Act; and that only 
under the Act of 1892, had the ship of State been righted 
and able to sail on an even keel when there was a bond 
issue of a hundred years with two per cent for the first ten 
years, and three per cent for the next ninety years based 
upon the surrender of twenty-eight six per cent bonds, for 
nineteen of such new two-threes to be non tax receivable 
coupon bonds and the further assumption of nine millions 
of three per cent (known as Riddleberger bonds), then pay¬ 
able within forty years, from such Century Act. They re- 




State Highway System 


75 


call that after nearly a century of bond issues there have 
been repaid fewer than twenty millions of principal, and 
that there is still due and unpaid more than twenty mill¬ 
ions, which requires nearly a million dollars annually in 
interest and sinking fund. 

[ Section 198 ] 

Those who advocate an issue of bonds for the purpose 
of highway construction point to the fact that the Civil War 
and the revolution, which followed it, were responsible and 
not the plan which the old State adopted and which they 
now advocate. 


[ Section 199 ] 

For the year ending September 30th, 1923, the total 
resources of the State Highway Department were twelve 
million, six hundred and seventy-six thousand, eight hund¬ 
red and eighty one dollars ($12,676,881) and the total ex¬ 
penditures for the same period by the Highway Department 
were ten million, five hundred and fifty-eight thousand, five 
hundred and seventy-six dollars ($10,558,576.) The bal¬ 
ance—more than two million—being applicable to the vari¬ 
ous specified objects mentioned in the Report of the Audi¬ 
tor of Public Accounts, subject to the disposal therefor by 
the Highway Department. 

[ Section 200 ] 

THE CHAIRMAN may also enter and take possession 
of such rights of way for the purposes mentioned, as he 
may deem necessary, and proceed with the construction of 
such highways. 


[ Section 201 ] 

If the chairman and the owner of such lands cannot 
agree within sixty days after the completion of the con¬ 
struction of such highway, as to compensation and dam- 



Government in Virginia 


Y6 


ages, if any, caused thereby, the chairman shall institute 
condemnation proceedings and such amount so ascertained 
shall be paid the owner out of the State highway fund. 
Before entering upon the land for construction purposes, 
the chairman shall pay the land owner or shall pay into 
court for his benefit the amount he estimates a fair value 
of the land taken, and damage done. But this shall not 
limit the amount to be allowed under proper proceedings. 
The object of the last provision is that such rights of way 
may in the discretion of the chairman of the Highway Com¬ 
mission be condemned after the construction of the high¬ 
way as well as beforehand. The authorities are to use 
due diligence to protect growing crops, and pastures and 
to prevent damage to property not taken. As far as pos¬ 
sible, all rights of way shall be acquired, or contracted, for 
before any route is definitely located. In any road not 
under construction when the act of March 24, 1922, goes 
into effect the chairman of the Highway Commission shall 
not invade the dwelling house of any person nor any space 
within sixty yards of it, without the consent of the owner, 
unless it be decided by the court, confirming the report of 
the viewers (appointed to ascertain the value of the land 
or other property to be taken), that it will be otherwise 
impracticable without unreasonable expense to construct 
the road. 


[ Section 202 ] 

Detour roads, by the most practical route, are required 
of the chairman. They must be kept in good repair, and 
explicit directions given the travelling public while the high 
way is being repaired or the road is being built. As far as 
practicable, existing roads shall be connected and used for 
such detours. The Chairman is authorized to make agree¬ 
ments with the local road authorities where the construc¬ 
tion work is being done to pay any part or all of the cost 
of laying out and maintaining the detours from the State 
highway fund. For the proper completion of the work 
done, the chairman may close to public travel any portion 



Bureau of Insurance 


77 


or all of any road or highway, and put up suitable 
barriers and post warning signs and conspicuous notices 
that such roads and highways or portions thereof are closed 
to the public. The willful destruction or removing of bar¬ 
riers, or the driving into new construction work, or the 
removal or destruction of any notices or the extinguishing 
of any warning lights or lanterns, erected, posted or placed, 
is made a misdemeanor and punishable by fine. 

[ Section 203 ] 

A written report, annually and at other times when re¬ 
quested by the Governor, must be made by the State High¬ 
way Commission to the Governor on or before the 1st day 
of December in each year, giving the acts and doings of the 
preceding year. It shall contain recommendations as to 
changes and as to road legislation deemed proper. The 
annual report of the chairman must be appended to every 
such report, containing a detailed statement of the work, 
done by him during the preceding year, with an itemized 
account of all expenditures for the same period. All of 
which shall be biennially transmitted by the Governor to 
each House of the General Assembly after the opening of 
the regular session. 


[ Section 204 ] 

The next report of the Auditor of Public Accouts will 
show what sums have been received from the gasoline tax 
of three cents on the gallon instituted July 1st, 1923, until 
which time the saying of a wise man may be cited, ‘’he who 
maps an undiscovered country may fix what boundaries he 
will.” 


[ Section 205 ] 

THE BUREAU OP INSURANCE is within and subject 
to the Department of the State Corporation Commission. 
The Bureau is charged with the execution of all laws rela- 



78 


Government in Virginia 


tive to insurance and guarantee or indemnity companies, 
fraternal orders and beneficiary societies, as well as to all 
orders etc., domestic, foreign and alien. 

[ Section 206 ] 

The chief officer of ‘the Bureau of Insurance of Vir¬ 
ginia” is known as “The Commissioner of Insurance.” 
His term is four years, to which he is elected by the joint 
vote of the General Assembly, and the Corporation Com¬ 
mission must assign him suitable offices in Richmond for 
the conduct of the Bureau. He must give bond in the 
penalty of $10,000. with security approved by the Corpor¬ 
ation Commission for the faithful performance of his du¬ 
ties, and must qualify or take the oath before the Commis¬ 
sion, which bond and oath are filed in the office and re¬ 
recorded on the minutes of the Commission’s proceedings. 
A deputy commissioner is appointed by the Commissioner 
who may remove him; other necessary clerical force is 
also thus appointed. The deputy commissioner gives bond 
in the penalty of $5,000., takes oath for the faithful per¬ 
formance and performs the duties of his principal in his 
absence, inability or suspension, and during a vacancy in 
that office. The Commissioner is responsible for the acts 
of his deputy and fixes his salary. In case of a vacancy 
in the office of the Commissioner and his deputy during 
the recess of the General Assembly, the State Corporation 
Commission shall appoint until thirty days after the con¬ 
vening of the next General Assembly a Commissioner of 
Insurance. 


[ Section 207 ] 

The salaries and expenses of the Bureau of Insurance 
are paid out of the public treasury unless provided other¬ 
wise by law, upon the order of the State Corporation Com¬ 
mission, and necessary printing is done by the public print¬ 
er upon order of such Commission. 



Commissioner of Insurance 


79 


[ Section 208 ] 

THE COMMISSIONER OF INSURANCE is charged 
with certain duties which formerly were imposed upon the 
Auditor of Public Accounts, and all the papers, reports and 
documents shall be and remain in the charge of the Bureau 
of Insurance. Such Commissioner, when he deems it nec¬ 
essary for the protection of the policyholders, or of the 
State, city or town, or of any corporation, may make an ex¬ 
amination of the affairs and financial condition of any com¬ 
pany doing business in this State, and shall have free access 
to the books and papers, and may summon witnesses and 
examine under oath the officers and agents of the com¬ 
pany, or any other person as to its affairs and condition. 
The expenses to be paid, unless remitted by the Commis¬ 
sioner of Insurance, by the corporation examined. 

[ Section 209 ] 

Under certain conditions, such examination may be 
dispensed with, as where a sufficient examination has been 
made by the State or county where the principal office is 
located, and the solvency of the company is beyond reas¬ 
onable doubt. 


[ Section 210 ] 

The Commissioner of Insurance under the seal of the 
Bureau of Insurance grants licenses to foreign or alien 
companies and certificates of authority to domestic com¬ 
panies to transact business in this State. And no such 
license is granted unless the law has been complied with, 
and the annual taxes and charges prescribed have been 
paid. 


[ Section 211 ] 

If companies are insolvent or violating the law, the 
licenses are revoked, upon report made to the State Cor¬ 
poration Commission by the Commissioner of Insurance, 
which report shall not be divulged except upon order of the 



80 


Government in Virginia 


said Corporation Commission. The company may appeal 
to the Supreme Court of Appeals in certain cases, from the 
action of the State Corporation Commission. 

[ Section 212 ] 

Printed reports of the Commissioner of Insurance are 
made annually showing the taxes and fees collected by 
him from all sources and paid into the public State Treas¬ 
ury. He shall keep a record in his office of all fires oc¬ 
curring in the State, and all the facts, statistics and cir¬ 
cumstances, including the origin of the fires which have 
been determined upon investigation of such fires. The 
chief of the fire departments in the cities and towns, and 
sheriff of the counties, shall report within five days all 
fires and the circumstances thereof. A fee of one dollar 
is allowed for such report, to be paid out of the public 
treasury upon certificate of the Commissioner of Insurance. 

[ Section 213 ] 

The Commissioner of Insurance at the request of any 
company may examine into the origin of fires; but the 
company must pay the necessary expenses thereof. He, 
or his agent, at all times of day in the performance of 
their duties may enter upon and examine any premises 
when any fire has occurred, and also adjoining buildings 
if not used as a dwelling. He shall report the crime of 
arson to the Commonwealth’s Attorney with the names of 
witnesses, etc., including a copy of ail pertinent and ma¬ 
terial testimony taken by him therein. He has the powers 
of a trial justice in certain matters, and can summon and 
compel the attendance of witnesses in the matter of his 
investigation. He may make such investigations in priv¬ 
ate, and separate witnesses testifying, in his discretion. 

[ Section 214 ] 

The Commissioner may correct at any time upon com¬ 
plaint in writing the inflammable condition of any build- 



Bureau of Insurance 


81 


ing or premises not occupied as a dwelling, and order the 
same removed or remedied within a reasonable time. 

[ Section 215 ] 

The expenses of the Bureau of Insurance are assess¬ 
able annually against the companies, foreign, alien and 
domestic doing business in this State. Fraternal Benefit 
orders and societies are excepted.. The rate not to ex¬ 
ceed one-tenth of one per cent on the gross amount of the 
premiums, assessments, etc. Notice is required of such 
assessments, and penalties are allowed in case of non- 
compliance, recoverable by motion against the defaulting 
company in the Circuit Court of the City of Richmond af¬ 
ter ten days notice. 


[ Section 216 ] 

Each of such companies shall make an annual report 
of their gross premiums, etc., to the Bureau of Insurance 
upon forms furnished by the Commissioner of Insurance. 

[ Section 217 ] 

The Commissioner shall keep accurate accounts of all 
money received by him and expended and shall make report 
to the Auditor of Public Accounts and pay the amount of 
his collections into the treasury of the Commonwealth at 
least once in every thirty days. 

[ Section 218 ] 

He shall investigate complaints as to excessive rates 
for insurance, and make report of his investigations to 
each General Assembly. 

[ Section 219 ] 

He shall make detailed reports and recommendations 
to the General Assembly as to legislation governing the 



82 


Government in Virginia 


class of corporations put under control of the Bureau of 
Insurance. 


[ Section 220 ] 

For the year ending February 28th, 1923, there was 
paid out of “the Bureau of Insurance Fund” and no part 
out of the General fund of the State Treasury, for the Bu¬ 
reau of Insurance $48,875.00, of which the Commissioner 
of Insurance received $5,000. 

[ Section 221 ] 

For the year ending April 30, 1923, there was paid into 
the treasury from license tax previously assessed against 
insurance companies, insurance brokers, etc, by the Bu¬ 
reau of Insurance under the State Corporation Commis- 
cion, the sum of $945,467.65. 

[ Section 222 ] 

THE BANKING DIVISION. 

The banking system of Virginia, as is well known, con¬ 
sists of the National and the State banks. The former 
is governed by acts of Congress, and the latter by State 
statutes. There is a provision in the State Constitution 
that shares of stock issued by trust companies or security 
companies chartered by this State, and by incorporated 
banks shall be taxed in the same manner in which the 
shares of incorporated banks were taxed by law on Jan¬ 
uary 1, 1902; but from the total assessed value of shares 
of stock of any such company or bank there shall be de¬ 
ducted the assessed value of its real estate, otherwise tax¬ 
ed in this State, and the value of each share of stock shall 
bear its proportion of the remainder. 

[ Section 223 ] 

Provision is made for the incorporation of State Banks 
(including savings banks, savings societies and savings 




Trust Companies 


85 


institutions) which after compliance with the statutes are 
subject to the order of the State Corporation Commission, 
who have the final determination in the matter. The 
charter after recordation as required is finally lodged and 
preserved in the office of the Clerk of the Commission. 
The Commission may not issue a charter to a Bank with 
a minimum capital stock of less than $25,000, except 
that banks with a capital stock of not less than $15,000 
may be chartered in any place where the population does 
not exceed two thousand. 

[ Section 224 ] 

Trust Companies are also provided for in the law. To 
begin business a bank must have at least fifteen thousand 
dollars of its capital stock actually paid in money. Branch 
Banks are authorized and the business is put under the 
Corporation Commission. The kind of a business banks 
may do it set out in the statute, and their limitations fixed. 
Statements must be rendered to the State Corporation 
Commission upon duly arranged forms. The Commission is 
required to examine not less than twice a year and close 
banks if necessary, and upon notice by the Commission to 
the Auditor of Public Accounts and to the Treasurer of 
the State further deposits of State funds shall be discon¬ 
tinued in any bank which is insolvent, etc. 

[ Section 225 ] 

The State Corporation Commission shall appoint a 
chief examiner and such assistants, etc., as it may deem 
necessary for the examination of banks. Such examiners 
to be citizens of Virginia, experienced bookkeepers of five 
years service in some bank. The salaries to be fixed by 
the State Corporation Commission. Such examiners to 
give bond in the penalty of $5,000., for the faithful per¬ 
formance of their duties. Every bank must pay for its 
semi-annual examination. The fees are fixed by the Stat¬ 
ute, being based upon the total resources of the bank rang- 




84 


Government in Virginia 


mg from twenty-five dollars to two hundred and seventy- 
five dollars. For each branch bank the fee shall be from 
twenty dollars to fifty dollars. Assessments are also 
made for the examiner of National Banks which are state 
depositories. Such assessments have to be forwarded 
to the Auditor of Public Accounts by the Corporation Com¬ 
mission. Trust companies to be incorporated must have 
at least fifty thousand dollars of paid up capital. 

[ Section 226 ] 

For the year ending September 30,1922, there was as¬ 
sessed and paid by the Banks into the Treasury as requir¬ 
ed by law and put to the credit of “Banking Fund State 
Corporation Commission,” the sum of forty-three thous¬ 
and and seventy-four and ninety-eight one hundredth dol¬ 
lars ($43,074.98). No part of the appropriation can be 
paid out of the general fund in the Treasury. The Chief 
Bank Examiner gets $4,000.00 and the seven assistant ex¬ 
aminers, clerks and stenographers and other expenses are 
paid out of the residue. 


[ Section 227 ] 

THE STATE BOARD OF HEALTH: 

The Public Health of the Commonwealth is placed by 
Statute under a State Board and Local Boards. The State 
Board consists of seven members, appointed by the Gov¬ 
ernor (at least two from the State Medical Society) one 
from each grand division, and two from the State at large. 
They serve seven years each after the first appointment. 
One shall be a member of the State Dental Association. 
Three members constitute a quorum. The Board must 
meet annually in Richmond, and elsewhere as often as 
it may determine. 



State Board of Health 


85 


[ Section 228 ] 

The Governor shall appoint a Health Commissioner 
well versed in bacteriology and sanitary science, and other¬ 
wise fitted and equipped for the duties of his office. He 
is the executive officer of the State Board of Health; but 
cannot be a member of the Board. He receives a salary 
or five thousand dollars per annum. His term is for four 
years, and he must reside in Richmond. He must per¬ 
form such duties as the Board requires in addition to those 
required by law. He is vested with the authority of the 
Board when not in session, and is subject to its rules and 
regulations. The Health Commissioner appoints, with 
the approval of the State Board of Health, an assistant 
Commissioner and other clerks and assistants. 

The State Board of Health is given power to make and 
enforce reasonable rules for sanitation and disinfection of 
passenger cars, sleeping cars, steamboats and other ve¬ 
hicles of transportation in this State, and of all convict 
camps, penitentiaries, jails, hotels, schools and other places 
used by and open to the public; to provide for the care, seg¬ 
regation and isolation of persons having or suspected of 
having any communicable, contagious, or infectious dis¬ 
ease; to regulate the disposition of garbage or sewage, and 
any other refuse matter in or near any incorporated town, 
city or unincorporated town or village in this State; to pro¬ 
vide for the thorough investigation and study of the causes 
of all diseases, epidemics, etc. in this State and the 
means for the prevention of contagious diseases; and for 
the publication and distribution of such information as 
may contribute to the public health, and the prevention 
of disease; to make rules to meet any emergency not pro¬ 
vided for, to suppress nuisances, diseases and other things 
dangerous to the public health and life; but a segregated 
or isolated person may select his own method of treat¬ 
ment. A person who violates, or refuses, or neglects to 
comply with any rule of the State Board of Health shall 
be guilty of a misdemeanor. 



86 


Government in Virginia 


[ Section 229 ] 

The State Board of Health receives a per diem of 
eight dollars each for the time actually engaged in the dis¬ 
charge of their duties, and the mileage prescribed by law. 
It must establish necessary laboratories for the examina¬ 
tion of clinical material submitted by members of the 
Medical profession of the State, such examinations to be 
made free of charge. It shall make research as to infec¬ 
tious diseases, epidemics, etc. and as to the methods of pre¬ 
venting and curing diseases. It must make enquiry and 
determine the most suitable location for the treatment of 
tuberculosis, and for the establishment of tubercular sani¬ 
tariums, and as to the best methods of treatment with a 
view to preventing and curing such diseases. It must 
equip and maintain temporary or permanent buildings for 
the treatment of such diseases in the State at a minimum 
expense to the patient. 

[ Section 230 ] 

The Local Board of Health consists of three citizens 
of which one must be a regularly licensed physician of eacfy 
county or corporation appointed annually by the State 
Board of Health, and the county clerk and chairman of the 
Board of Supervisors, or the Mayor of the Corporation. 
The Chairman of the Board of Supervisors shall be Presi¬ 
dent of the County Health Board and the 
Mayor of such city or town Board. Where 
the charter of a city or town provides differently, this sec¬ 
tion shall not apply. Such local Boards shall have charge 
of the sanitary affairs of their localities, and control the 
preventing of diseases, and the removal and quarantine of 
suspects. They may provide for compulsory vaccination, 
and the restriction and care of small pox and other con¬ 
tagious or infectious diseases. They may with the 
consent of the Board of Supervisors of the counties, or of 
the Councils of the town or city, fix the compensation for 
those employed in discharging duties as to the abatement 
of nuisances, etc. 



Local Board of Health 


87 


[ Section 231 ] 

The Local Board of Health may adopt reasonable rules 
and regulations and enforce the same. There must be a 
publication of them for two successive weeks in a news¬ 
paper if there be one in the county, and if not they must 
be posted for two weeks at the County Court House, and 
in three different places in each Magisterial District; but 
in case of epidemics, the rules and regulations for sup¬ 
pressing them becomes effective immediately. 

If the Local Board of Health is not appointed in any 
county, city or town the State Board of Health may exer¬ 
cise the authority and perform the duties of such Local 
Board until regularly appointed; the expenses to be borne 
by the county, city or town. The State Board of Health, 
in case of emergency, after conference with the Local 
Boards, and after failure on the part of the Local Boards 
to carry out the suggestions made after such conference, 
is given the right to assume exclusive control of the dis¬ 
ease, as to isolation, quarantine, etc. The Secretary of 
the State Board of Health as executive officer shall stop 
at the State line, the transit through the Commonwealth 
of infected persons, goods or animals, or if found within 
the Commonwealth shall cause the same to be removed 
from car, stages, vessels or conveyances, and isolated and 
disinfected. But he shall only act in case the municipal 
Health authorities or the State Quarantine Board have 
failed in their duty. And he shall act subject to the State 
Board of Health. 


[ Section 232 ] 

Vital Statistics must be furnished periodically to the 
State Board of Health by the Local Boards as the State 
Board may prescribe. The State Board of Health must 
furnish annually a written report to the Governor upon 
the vital statistics, and sanitary conditions and prospects 
of the Commonwealth. It must give useful information 
and a detailed statement of money paid out. It must also 



88 


Government in Virginia 


suggest any further legislative action to the General As¬ 
sembly. 


[ Section 233 ] 

Persons who are infected with any dangerous conta¬ 
gious or infectious disease, or who have recently had such 
disease without being cleansed are forbidden to go into 
the company of any one liable to take the disease; nor 
shall they go into public places or buildings. Persons 
voluntarily exposed to contagious diseases are forbidden 
to come into the State or go from place to place therein 
within fifteen days of such exposure, unless they have the 
certificate of a competent and reputable practicing physi¬ 
cian that there is no danger from such persons. 

[ Section 234 ] 

Board of Supervisors or Councils or Governing bodies 
of localities, may on the advice of the State or Local Board 
of Health, appropriate money to convey to and maintain at 
any of the State’s Sanitariums any indigent persons known 
to be suffering with tuberculosis, residents of such locality 
for at least twelve months. 

[ Section 235 ] 

Provision is made for the establishment of a sanito- 
rium upon a vote in each county, city or town favoring 
the same. And without such vote a county and town or 
city, or counties and towns and cities may establish such 
an institution under the joint management of the con¬ 
tributing localities. 


[ Section 236 ] 

A Bureau of Vital Statistics is established and the 
State Board of Health is required to register the births 
and deaths in the Commonwealth, and to make report 
thereof. It shall appoint a Registrar of vital statistics and 



The Military 


89 


fix his salary. It is now $3,000. It shall provide suitable 
apartments for the Bureau in Richmond, and equip the 
same with fire proof vaults and filing cases. The State 
shall be divided into Registration Districts. Each city, 
town and Magisterial District shall constitute such Dist¬ 
rict, though two or more of such districts may be combined 
by the State Registrar. He shall appoint a local Regis¬ 
trar, if a Justice of the Peace, or the executive officer of 
the Local Board of Health of the city or town fails or re¬ 
fuses to act. The duty of the Registrar is to record the 
births and deaths in his district upon forms provided by 
the State Board of Health and report the same. 

[ Section 237 ] 

There was expended by the State Board of Health for 
the year ending September 30, 1922, the sum of two hund¬ 
red and forty-seven thousand, four hundred and sixty- 
seven and forty-two one-hundredth dollars ($247,467.42); 
of which twenty-two thousand, eight hundred and fifty- 
five and nineteen one-hundredths dollars ($22,855.19) was 
for vital statistics, and one hundred and ninety-one thou¬ 
sand, three hundred and fifty and nineteen one-hundredth 
dollars ($191,350.19) was the tuberculosis fund, special tax 
of one cent (Acts of 1918, Chapter 384.) 

THE MILITARY: 


[ Section 238 ] 

The only reference to the State’s Military Department 
found in the State Constitution is that in the Bill of Rights, 
which declares that a well-regulated militia is the proper 
defense of a free state; that standing armies in time of 
peace should be avoided as dangerous to liberty; and that 
in all cases, the military should be under strict subordina¬ 
tion to and governed by the civic power. The Constitu¬ 
tion also makes the Governor Commander-in-Chief of the 
land and naval forces of the State, and except in time of 
war, and public danger, no voter, during the time of hold- 



90 


Government in Virginia 


ing any election at which he is entitled to vote, shall be 
compelled to perform military service. 

[ Section 239 ] 

The Adjutant-General, who holds office during the 
term of the Governor, is appointed by the Governor and is 
the technical head of the State Militia. He is ex-officio a 
member of the Board of Visitors of the Virginia Military 
Institute. The Governor and the Adjutant-General, the 
Senior Officer of Volunteers, and an appointee of the Gov¬ 
ernor and the Secretary of the Commonwealth constitute 
the “Military Board” on whose order the Auditor of Public 
Accounts pays sums payable out of the Military Fund. 

[ Section 240 ] 

The Militia since the World War has been largely un¬ 
der the control of the Federal authorities. It is known 
as a part of the National Guard, and is largely under reg¬ 
ulation of the United States Secretary of War. There 
are state laws with reference to the State’s Council of 
Defense, with reference to the appointmnt of Staff officers 
in the National Guard, and for the organization of home 
guard companies. The Governor has authority to ap¬ 
point thirty members of his staff with rank of Colonel; 
but no expense is to be paid out of the public fund. By 
the Act of the General Assembly Home Guard Companies 
may be organized, who are not subject to, and those who 
are exempt from military duty by the laws of this Stale 
and of the United States; but any portion of any organ¬ 
ization which violates any law of the State or of the Un¬ 
ited States may be disbanded by the Governor. 

XVI. The Prohibition Department. 

[ Section 241 ] 

What is known as the Prohibition Law in Virginia is 
regulated by the Eighteenth Amendment to the Constitu- 



The Prohibition Department 


91 


tion of the United States, which became a law by the pro¬ 
clamation dated the 29th day of January, 1919, which 
certified it as valid as a part of the Constitution of the 
United States, such amendment having become a law by 
the ratification of the necessary three-fourths of the 
whole number of states including Virginia. The Eigh¬ 
teenth Amendment forbids the manufacture, sale or trans¬ 
portation of intoxicating liquors within, the importation 
thereof into, or the exportation thereof from the United 
States and all territory subject to the jurisdiction thereof 
for beverage (drinking) purposes. Congress and the 
states have concurrent power to enforce this article by ap¬ 
propriate legislation. Congress has passed a National 
Prohibition Act, and provided for its execution in detail. 

[ Section 242 ] 

The General Assembly has passed an act of prohibi¬ 
tion, and put the same under the Attorney-General for its 
enforcement, and appropriates funds therefor; though no¬ 
thing in the act is to be construed as taking away from the 
Commonwealth’s Attorneys, Sheriffs or other officers 
charged with the enforcement of the prohibition laws of 
the State, any of their powers, or as relieving them from 
their duties and responsibilities in connection with the en¬ 
forcement of the prohibition laws. 

[ Section 243 ] 

An accused may be punished for two distinct offenses 
for the same act, one against the United States, and one 
against the State. No person is excused from testifying 
for the Commonwealth as to an offense committed by an¬ 
other under the Prohibition Act, because of his testimony 
tending to incriminate himself; but such testimony on be¬ 
half of the Commonwealth shall not be used against him, 
nor shall he be prosecuted as to the offense as to which he 
testified. 



92 


Government in Virginia, 


[ Section 244 ] 

Both the United States and the State have made the 
law as drastic as the English language can make it, to pre¬ 
vent the manufacture, transportation, sale, keeping or 
storing for sale, advertising, or exposing for sale, receiving, 
giving away or dispensing ardent spirits, and have provid¬ 
ed adequate penalties. And cities and towns may pass 
ordinances to the same effect, except that the punishment 
under such ordinances is by fine and imprisonment in jail 
with the right to make the prisoner work out the term of 
his confinement on the public roads of the State. 

[ Section 245 ] 

Whenever the Prohibition Act is violated and upon the 
trial, it shall appear to the Court trying the case that there 
has been no intentional violation of any provision thereof, 
the Court shall instruct the jury that they may not impose 
a jail sentence. This is where the penalty is fine and im¬ 
prisonment. 


[ Section 246 ] 

The manufacture of wine or cider from fruit of his 
own raising for his domestic consumption at his home, but 
not to be sold, dispensed or given away, is not forbidden; 
nor is the manufacture from fruit of cider for vinegar, not 
for a beverage; nor of non-intoxicating cider containing 
not more than one per cent of alcohol by volume for use or 
sale. 


[ Section 247 ] 

Wholesale and retail druggists may sell pure grain and 
fruit alcohol for scientific, pharmaceutical, and mechani¬ 
cal purposes. They may also sell wine for sacramental 
purposes. Certain advertisements of the manufacture, 
sale, etc. of ardent spirits are forbidden. Banks are for¬ 
bidden to handle drafts, bills of lading or orders or receipts 



Prohibition Laws 


93 


for ardent spirits. Nor shall the agents of common car¬ 
riers receive orders or collect money, etc., for ardent 
spirits. All unregistered stills are prohibited, and all per¬ 
sons found at a distillery where whiskey, beer or other ar¬ 
dent spirits are being manufactured shall be deemed 
prima facie guilty of manufacturing, or aiding and 
abetting therein, and punishable upon conviction, as if 
manufacturing. The finding of ardent spirits, or of a 
United States liquor dealers tax receipt in any place is 
prima facie evidence against the person occupying the 
premises, or named in the tax receipt. No minor is allow¬ 
ed to have ardent spirits in his possession. Persons of in¬ 
temperate habits are required to disclose from whom they 
obtain ardent spirits, under penalty of being fined and im¬ 
prisoned. The State is given the right of appeal in all pro¬ 
hibition cases, not forbidden by the Constitution. 

[ Section 248 ] 

Any person is intoxicated within the meaning of the 
prohibition act when he has drunk enough to affect his 
manner, disposition, speech, muscular movement, general 
appearance or behaviour as to be apparent to observation. 

[ Section 249 ] 

To enforce the prohibition laws of the State, Chiefs of 
Police, Police Boards, Police Justices, Special Officers, 
Sheriffs, Commonwealth’s Attorneys, Deputies, Constables, 
and Justices of the Peace of Counties and Cities, and all 
Mayors, Sergeants and their Deputies are all called upon 
and any neglect or failure on their part is misfeasance in 
office. 


[ Section 250 ] 

Vehicles in which ardent spirits are being transported 
are to be seized and forfeited, and provision is made for 
the disposition of the ardent spirits, and for the arrest of 
the occupants of such vehicles. The burden of proof is 



94 


Government in Virginia 


put upon any person prosecuted under this act to show that 
he comes within the exceptions thereto. 

[ Section 251 ] 

The Prohibition Act is deemed an exercise of the po¬ 
lice power of the State, and all its provisions shall be liber¬ 
ally construed to affect these objects. 

BUREAU OF LABOR AND INDUSTRY 

[ Section 252 ] 

The Bureau of Labor and Industry is a creature 
of the Statute. The only reference to it in the Con¬ 
stitution is the provision prohibiting the General As¬ 
sembly from enacting any local, special or private law in 
regulating labor, trade, mining or manufacturing. The 
Bureau is continued by the new Code. It was established 
by the act found in Acts of 1897-98, page 894. The Gov¬ 
ernor, with the consent of the Senate, appoints some suit¬ 
able person identified with the labor interests of the State 
as Commissioner of Labor. He must furnish the Gover¬ 
nor the information desired with reference to labor. His 
duties and powers are defined by law. He has general 
supervision and control of his Bureau, and is designated in 
connection therewith as “the Chief Factory Inspector.” 
He and his assistants must visit at reasonable hours and 
inspect as often as practicable factories, mills, mercantile 
establishments, workshops, etc. within the state, and he 
must make a written report to the Governor on the 15th 
day of September annually, giving the results of his inspec¬ 
tions, with such other information and recommendations 
as he may deem proper. He must enforce the law, and 
prosecute all violations thereof relating to said factories, 
etc. before a Justice of the Peace or Court of competent 
jurisdiction. The Commonwealth’s Attorney of the county 
or city must prosecute any violations of such laws upon re¬ 
quest by the Chief Factory Inspector or his assistant or 
deputy. All State and local officials must furnish the Com- 



Labor and Industrial Statistics 


95 


missioner of Labor, upon his request, with such statistical 
information as may be in their possession as such officers. 

[ Section 253 ] 

Every advertising employment agency must keep a 
register in the form prescribed by the Commissioner of 
Labor in which shall be entered the age, sex, nativity, trade 
or occupation, name and address of applicant. There 
shall also be entered therein the name and address of every 
person who shall apply for help or servants, and the name 
and nature of the employment to be had. After thirty 
days, if applicant has not obtained a situation through 
such agency, the fee charged the applicant shall be return¬ 
ed in full. Certain improper employments are forbidden 
in the statute. Punishments are provided for violation of 
the law. Within the provisions of the law are those re¬ 
quiring employers to provide seats for female employees— 
one for every three employees—those regulating the hours 
of labor of women in factories, etc., and of children under 
certain ages; those giving protection to discharged em¬ 
ployees to be paid in lawful money, etc.; those applying to 
sanitary arrangements, safety appliances, ventilation, 
wash rooms, etc. 


[ Section 254 ] 

The right of appeal from the order of the Commis¬ 
sioner of Labor to the Circuit Court of the county or cor¬ 
poration is reserved to any party interested. 

The Department of Mines is put under the control of 
the Bureau of Labor and Statistics. Provision is made for 
Inspectors of mines, who shall have a thorough knowledge 
of the different systems of working and ventilating coal 
mines, and of the nature of mine gases, especially explo¬ 
sive gas and dust. The Inspector is appointed and re¬ 
movable by the Commissioner of Labor for cause. He 
must have had five years experience at and in coal mines 
and be of good moral caracter and temperate habits. 



96 


Government in Virginia 


[ Section 255 ] 

A Certificate of Inspection shall be delivered to the 
operator of any such mine inspected, and a duplicate cer¬ 
tificate shall be posted where it may be conveniently read 
by any of the mine employees. Such mine to be visited 
once in six months. Maps of mines shall be made, show¬ 
ing openings, shafts, entries and airways, and a true copy 
delivered by the operator to the mine inspector to be pre¬ 
served, but not copied, among the records of the Bureau of 
Labor, etc. Inexperienced laborers must be instructed by 
the mine foreman before beginning work as to the extra¬ 
ordinary danger incident to his work. Inspection of ma¬ 
chinery and appliances is required. “Fire bosses” are re¬ 
quired in mines known to generate fire damp or other dan¬ 
gerous gas. Safety lamps are required in certain cases. 
Mine foremen with specified duties are required in certain 
cases, who shall make daily visits and examinations to se¬ 
cure safety. Inspectors may close mines improperly pro¬ 
tected. Penalties are provided for violation of the laws. 
No mine foreman is required where fewer than ten per¬ 
sons are employed. 


[ Section 256 ] 

The Commissioner of Labor, who is appointed for two 
years, receives $3,600.00 per annum, and there was ap¬ 
propriated by the General Assembly of 1922 for the use of 
his Bureau, and for inspection of factories, mines, etc. 
the sum of thirty-two thousand, seven hundred and forty 
dollars. 

THE INDUSTRIAL COMMISSION. 

[ Section 257 ] 

By the Act of 1918, known as “The Virginia Work¬ 
man’s Compensation Act”, the Industrial Commission was 
established, to consist of three members appointed by the 
Governor for six years, except that at first the term of one 




Industrial Commission 


97 


member shall be for two, another for four, and the third 
for six years. Not more than one member shall be class¬ 
ified from previous vocation, as representative of employ¬ 
ers, or of employees. The Commission shall elect its own 
Chairman, and each member must devote his entire time 
to the duties of the office, nor accept any occupation in¬ 
consistent with his duties as member of the Commission. 

[ Section 258 ] 

The salary of each Commissioner is $4,000. per annum, 
and of its secretary, not more than $3,000. The last nam¬ 
ed officer is appointed and may be removed by the Com¬ 
mission. Other employees and assistants may be appoint¬ 
ed and their salaries fixed subject to the approval of the 
Governor. 

[ Section 259 ] 

The Commission shall make rules in accordance with 
the provisions of the Act for the purpose of carrying out 
those provisions. Its processes and procedure to be as 
summary and simple as possible. It or any person dep¬ 
utized by it is given power to subpoena witnesses, admin¬ 
ister oaths, and examine such parts of books and records 
of parties to a proceeding as relate to disputed questions 
before it. Local officers of the courts, sheriffs and ser¬ 
geants and their deputies shall serve process, and receive 
the same fees as are allowed by law in like civil actions. 
Witnesses are allowed the same fees and mileage when 
duly summoned as are allowed witnesses in civil cases in 
court. Authority is given the Commission or any member 
or deputy Commissioner, to enforce attendance of parties 
in interest, and witnesses, and the production and examin¬ 
ation of books, paper and records, such as existed in the 
circuit courts. 

[ Section 260 ] 

The reason for the existence of the Industrial Com¬ 
mission is that it may enforce the Workman’s Compensa- 



98 


Government in Virginia 


lion Act, which according to its title was passed to pre¬ 
vent industrial accidents; to provide medical and surgi¬ 
cal care for injured employees; to establish rates of com¬ 
pensation for personal injuries, or deaths sustained by em¬ 
ployees in the course of employment; to provide methods 
for ensuring the payment of such compensation; and to 
levy a tax and appropriate funds for the administration 
of the Act. 


[ Section 261 ] 

The Act defines who are employers, who employees, 
what is an injury or personal injury, within its meaning, 
what average weekly wages mean, and what is hernia. 
All employers and employees are presumed to have accept¬ 
ed the terms of the Act, as to paying or accepting compen¬ 
sation for personal injury, or death by accident arising out 
of or in the course of employment, unless they shall have 
given notice to the contrary prior to any accident in the 
way provided by the Act. Though the waiver of such 
notice is provided for; and that, and the acceptance of 
such waiver, must be given thirty days before any accident 
resulting in injury or death as above set forth. If the 
accident occurs within thirty days after the date of the 
employment, notice of such exemption or acceptance giv¬ 
en at the time of employment is sufficient. Such notice 
must be in writing or print in form substantially prescribed 
by the Industrial Commission; by the employer, by its be¬ 
ing posted in a conspicuous place in the shop, etc. where 
the employee is employed, or by serving it personally upon 
him; and by the employee, by its being sent in a register¬ 
ed letter addressed to the employer at his last known res¬ 
idence or place of business, or by giving it personally to 
the employer or any of his agents who by law may be serv¬ 
ed with a summons in a civil action. A copy of the notice 
in prescribed form must be filed with the Industrial Com¬ 
mission. Since the Act was passed, every contract of ser¬ 
vice between employer and employee, then in operation, or 
made subsequently, shall be presumed made subject to its 




Industrial Commission 


99 


provisions, unless notice be given that the provisions do not 
apply (other than those which relate to the waiver of neg¬ 
ligence, and to the requirements that the employer shall 
keep records of injuries, etc.) 

[ Section 262 ] 

If an employer chooses not to operate under the Work¬ 
man’s Compensation Act when a suit is brought against 
him by an employee subject to the Act for injuries, etc. he 
shall not plead in defense thereto: (a) that the employee 
was negligent; (b) or that the injury was caused by the 
negligence of a fellow-employee; (c) or that the employ¬ 
ee assumed the risk of the injury. 

[ Section 263 ] 

If an employee chooses not to operate under the Act 
and brings an action at common law against an employer 
for injuries, etc. accepting the provisions of this Act, the 
employer may plead the defenses above, (a), (b), and (c) 
as they exist at common law. 

[ Section 264 ] 

If both employer and employee choose not to operate 
under the Act, the liability of the employer shall be as if 
he alone rejected the terms of the Act, and he shall not be 
permitted in any suit brought by the employee to avail 
himself of the common law defenses (a), (b) and (c) a- 
bove mentioned. 


[ Section 265 ] 

Compromises and settlements between employer and 
employees are encouraged by the Act; but a copy of the 
settlement agreement, showing that the compensation, and 
the time and manner of payment are in accordance with 
the Act must be filed by the employer with the Commission. 



100 


Government in Virginia 


[ Section 266 ] 

Provision is made for the liability of a sub-contractor 
to an employee in a proper case. Compensation allowed, 
stands against the employer as to priorities in the class 
with unpaid wages. Claims for damages, under this Act, 
are not assignable, and are exempt from claims of credit¬ 
ors. Notice of accidents must be duly given as required 
by the statute, to entitle an employee to physician’s fees 
or to compensation accrued prior to the notice, until it is 
shown that knowledge of the accident was in possession 
of the employer or his agent, or that the party required to 
give notice was prevented from so doing by physical or 
mental incapacity, or by the fraud or deceit of some third 
party. Absence of a written notice to the Commission 
therefor, and unless it be shown that the employer is not 
prejudiced thereby, is fatal to recovery. 

[ Section 267 ] 

The notice must state in ordinary language the name 
and address of employee, the time, place, nature and cause 
of the accident, and the resulting injuries, or death, signed 
by the employee, or by one for him, and in case of death, 
signed by one dependent on him or by some other person 
in their behalf. 


[ Section 268 ] 

To be valid the claim must be filed before the Indus¬ 
trial Commission within one year of the accident, or if 
death ensues, within one year thereafter. The employer 
must provide, free of charge to the injured employee, nec¬ 
essary medical attention for sixty days after the accident, 
and the employee shall accept such services when provided. 
If any emergency arises, because of the employer’s not 
supplying medical care during the first sixty days, or for 
other good reasons, another physician may be called, whose 
reasonable charges shall be paid by the employer when or¬ 
dered so to do by the Commission. Physical examina- 



/ndustrial Commission 


101 


tions shall be submitted to by the employee if requested by 
the employer to be paid for by the employer or by the Com¬ 
mission. The employee has the right to have present at 
the time a qualified physician or surgeon provided and 
paid by him; and in case of death, an autopsy is allowed 
upon payment therefor by the employer or the Commis¬ 
sion. 


[ Section 269 ] 

A graduated compensation is allowed according to the 
loss of a limb or member of the body, ranging from one- 
half of the average weekly wages for sixty weeks, for the 
loss of a thumb, to one-half of the same for one hundred 
and seventy-five weeks for the loss of a leg. 

[ Section 270 ] 

Where death ensues from the accident provision is 
made for the payment to his dependents or partial depend¬ 
ents of various amounts, taking into account any amount 
he received in his lifetime. The rule extends for six years 
from the accident from which death results. If he leaves 
no dependents in the United States or Canada at the time 
of the accident, the amount of compensation shall not ex¬ 
ceed one thousand dollars. The total compensation pay¬ 
able under the Act shall in no case exceed forty-five hun¬ 
dred dollars. The Act declares who are to receive the 
fund in case of employee’s death. The Industrial Com¬ 
mission determines the question of costs, and if the suit 
be brought or defended without reasonable grounds, it may 
assess the whole cost against such parties bringing or de¬ 
fending the suit. 


[ Section 271 ] 

The right of appeal from the Commission is allowed 
to the Circuit or Corporation Courts of the counties or cit¬ 
ies where the accident happened, or where the employer 
resides or has his principal office, or in Richmond to the 



102 


Government in Virginia 


Circuit or Law and Equity Court. The form and manner 
of appeal to be prescribed by the Supreme Court of Ap¬ 
peals of Virginia, and the Commission may certify ques¬ 
tions of law to that Court on its own motion. The grant¬ 
ing of the appeal and the certification by the Commission 
shall act as a supersedeas, and no employer shall be re¬ 
quired to pay until the question is determined. 

[ Section 272 ] 

Employers are required to insure and keep insured 
their liability under the Act in some Company authorized 
to transact Workman’s Compensation Insurance in this 
State or in some Mutual Insurance Association formed by 
a group of employers so authorized. Deposits are requir¬ 
ed to be made with the State Treasurer, who is appointed 
the custodian of the securities required as acceptable se¬ 
curity, to secure the payment of compensation liabilities, 
as they are incurred. Provision is made in the Act for 
the regulation of carriers of insurance, requiring among 
other things that no policy under this Act shall be valid 
until the rate has been approved by the Commissioner of 
Insurance. 


[ Section 273 ] 

Every company doing business under this Act is re¬ 
quired to pay a tax upon the premiums in the state at the 
rate of three per cent of such premiums in lieu of all other 
taxes on premiums. The companies under penalty must 
make sworn returns of the premiums received during the 
previous six months. And employers who carry their own 
risks must report under oath his pay-roll subject to this 
act. 

[ Section 274 ] 

The costs of the Commission are to be repaid the 
State out of the special funds raised under the Act when 
available. 



Game and Inland Fisheries 


103 


GAME AND INLAND FISHERIES 

[ Section 275 ] 

The State Department of Game and Inland Fisheries 
was established by the Act of 1916. It is put in charge of 
a Commissioner of Fisheries, who is provided with a suit¬ 
able office at the State Capital, and who upon the approval 
of the Governor may employ a clerk or clerks when neces¬ 
sary. The Commissioner must be duly sworn, and give 
a bond in the penalty of five thousand dollars with sure¬ 
ties approved by the Secretary of the Commonwealth, con¬ 
ditioned to account for truly and apply all moneys that 
come into his hands, and that he will faithfully perform 
the duties enjoined upon him by law. He must keep and 
file with the Governor an itemized monthly statement un¬ 
der oath of all sums of money received or expended by 
him in the discharge of his official duties, including cleri¬ 
cal services, salaries, and expenses while travelling, post¬ 
age, stationery, and other necessary incidental expenses. 

[ Section 276 ] 

Upon the Governor’s approval, the Auditor of Public 
Accounts draws his warrant for the amount to be paid 
monthly out of the Game Protection Fund. These ac¬ 
counts are audited under the direction of the Governor, 
as are other accounts of State officers. The Commission¬ 
er must make an annual Report in September and at other 
times as the Governor may direct, showing his official 
business, the number of hunters’ licenses issued, and all 
fees collected, what money has been received from all 
sources and the disposition of the same. The Report 
must show the number of wardens employed and give all 
necessary information as to the affairs of the Department 
of Game. The Report is to be published in pamphlet form. 

[ Section 277 ] 

Duties are imposed on the Commissioner of enforcing 
the laws for the protection, propagation, and preservation 




104 


Government in Virginia 


of wild animals and birds, and all laws relating to fish above 
tide water. He shall assist in enforcing all dog-laws, and 
shall prosecute the violators of such law; shall seize birds, 
animals, and fish caught or killed, or shipped, or in posses¬ 
sion of any person, contrary to the game laws. He may 
erect buildings and enclosures, and lease or purchase nec¬ 
essary lands for propagating game, and fish found in in¬ 
land streams, and out of the game and fish fund, he may 
re-stock any depleted species, and may introduce any new 
species of game animals, birds or fish, and close the season 
for hunting and fishing for such new species, if necessary, 
for from two to five years in any county or in any stream 
above tidewater, provided due notice be posted thereof, as 
provided in the statute. 

[ Section 278 ] 

With the consent of the Governor he may employ lec¬ 
turers, and distribute educational matter as to wild life, 
and he may hold exhibits throughout the State for the ben¬ 
efit of the school children and agriculturalists. And he is 
required to foster the conservation of all wild fife in the 
state in every reasonable way. He must publish in pam¬ 
phlet form, for general distribution, the laws relating to 
game, fish and birds. The Commissioner and his deputies 
may serve process as sheriffs and constables in all matters 
of violation of game, fish, forestry and dog-laws. 

[ Section 279 ] 

The Commissioner shall appoint necessary game war¬ 
dens (regular, special, and supervising) to enforce the law, 
and to hold office during the pleasure of the Commissioner, 
and until their successors are appointed. There must be 
at least one regular game warden in each county. The 
game warden shall assist the Game Commissioner in the 
discharge of his official duties, and have the authority to 
enforce the game and fish law as provided. The special 
wardens are put under the control of the regular wardens 




Game Wardens 


105 


by the Commissioner. The wardens have jurisdiction 
throughout the state. 

[ Section 280 ] 

The Commissioner and each warden upon displaying 
badge of authority or credentials of office, may arrest any 
violator, of this law, seize and search any person, or recep¬ 
tacle or container in his possession, may enter and search 
any building, vehicle, depot, or coach, in which the arrester 
has reasonable ground to believe the person arrested has 
concealed any fish or game which may furnish evidence 
of the violation of the law. 

[ Section 281 ] 

The arrest, seizure and search may be made without 
warrant, except that a dwelling may not be searched with¬ 
out a warrant. The possession of any animal, bird or fish, 
or part thereof, killed in violation of law is prima facie ev¬ 
idence of the guilt of such person so in possession, and 
the game shall be seized by said warden. 

[ Section 282 ] 

The special game wardens in the magisterial districts 
are subject to the supervision of the county wardens, and 
all are subject to and removable by the Commissioner. 
The wardens are required to give bond with surety before 
the Clerk of the Circuit Court of their counties, or of the 
Corporation Court of their cities, in the penalty of one 
thousand dollars, for the faithful performance of their 
duties, and to pay any judgments rendered against them 
for malicious prosecution, unlawful search, arrest or im¬ 
prisonment, etc. All sheriffs and deputies, marshals, con¬ 
stables, policemen, members of the Commission of Fisher¬ 
ies, oyster police-captains, oyster police inspectors, or other 
peace officers of the state are game wardens ex officio. 



106 


Govemvnent in Virginia 


[ Section 283 ] 

The salaries of the regular game wardens shall be fix¬ 
ed by the Commissioner, not to exceed seventy-five dollars 
per month in counties and cities containing less than twen- 
ey thousand inhabitants, and not to exceed seventy-five dol¬ 
lars per month in other counties and cities; provided that 
where the full salary is paid, the game warden must devote 
his whole time to the service. Supervising game wardens 
receive a salary of not more than one hundred dollars a 
month, and travelling expenses while in discharge of offic¬ 
ial duties. But no salaries are paid any game wardens 
unless they make weekly and monthly reports on forms 
furnished by the Commissioner, showing miles travelled 
each day, where they went, arrests made, outcomes of 
trials, amount of fines and costs imposed, if any, number 
of hunting and fishing licenses inspected and such other 
information as the Commsisioner may require. 

[ Section 284 ] 

Licenses are dated July 1st in each year and allow 
hunting to the possessor for the next year with the restric¬ 
tions provided by law. Hunters’ licenses are issued by 
the Clerks of the Circuit Courts of the counties, or by the 
Corporation Courts of the cities. A bona fide resident of 
the State for the next preceding six months pays one dollar, 
and is entitled to hunt in his county; and when the license 
is obtained from the Corporation Court of a city, a county 
license may be granted in the county designated therein. 

[ Section 285 ] 

Licenses describe the applicant in detail as to age, res¬ 
idence, color of eyes and hair, etc. A state license is ob¬ 
tained in the same way for three dollars. Fox hunters 
with hounds need no license. Non-residents and their 
sons hunt on their own land and adjoining lands without 
license. The non-resident pays ten dollars for license, ex¬ 
cept that an alien pays twenty dollars. He, however, if 



Hunting Licenses 


107 


he have resided in the state for five years, and owns real 
estate therein shall be considered as a citizen and only pays 
the citizen’s tax. 


[ Section 286 ] 

The clerks mentioned must keep a correct and com¬ 
plete record of all licenses issued in a book to be furnished 
by the Commissioner of Game and Inland Fisheries, which 
shall remain-in the Clerk’s office and be open to the inspec¬ 
tion of the public at all reasonable times. 

[ Section 287 ] 

The clerks retain as commissions ten per cent for ev¬ 
ery county license, and twenty cents for each State license 
issued by them, and pay the balance to the State Treasurer 
on the first of each month, which sums are placed in the 
game protection fund, and on the first of each month, the 
clerks report to the Commissioner the number of licenses 
issued, and the licenses and amount of money remitted to 
the State Treasurer. 


[ Section 288 ] 

All owners and landlords, and members of their fam¬ 
ilies, and tenants and renters residing thereon, with the 
consent of the land owners, may hunt on their own or the 
adjoining land, without license. Every huntsman must 
carry his license with him when hunting, and must exhibit 
it to any officer or land owner requesting him to do so. 

[ Section 289 ] 

Ten days before the first of July in each year, the Com¬ 
missioner shall deliver to the clerks mentioned as many 
licenses as may be required, and shall charge the clerks 
with the number so issued them. On the fifteenth day of 
June in each year, or within ten days thereafter, the clerks 
shall return to the Commissioner all unused licenses and 
stubs of licenses issued. 



108 


Government in Virginia 


[ Section 290 ] 

All moneys sent to the State Treasurer in payment of 
hunting licenses under the game laws shall be set aside by 
him, and be known as the “Game Protection Fund,” to be 
used for the payment of salaries, fees, and other expenses 
of the Commissioner and wardens provided for by the act, 
for the study, propagation, preservation and restocking of 
game animals, birds and fish, with the consent of the Gov¬ 
ernor, and for the destruction of wild birds or animals that 
prey upon the protected ones, and for such other purposes 
as may be provided for. To be paid upon proper warrant 
from the commissioner, countersigned by the Auditor of 
Public Accounts. 


[ Section 291 ] 

But no money is to be paid by the State; but only out 
of the fund known as the “game protection fund.” 

[ Section 292 ] 

Penalties for hunting without license are imposed of 
not less than five nor more than twenty-five dollars. But 
a resident of the State may hunt on his own or adjoining 
lands without a license. 

[ Section 293 ] 

A person hunting on the land of another without the 
consent of the owner shall be deemed guilty of a trespass, 
and upon conviction fined not more than fifty dollars, and 
be liable in an action for damages. But this does not ap¬ 
ply to bona fide fox-hunters or deer hunters. And one 
who hunts after being warned not to do so by the owner 
or tenant, shall be guilty of a misdemeanor, and upon con¬ 
viction may be punished by a fine not exceeding fifty dol¬ 
lars or imprisonment in the county jail sixty days or both 
in the discretion of the justice of jury trying the case. 



Game Laws 


109 


[ Section 294 ] 

The Clerks of the Courts, within twenty days of the 
trial or dismissal of any prosecution under the Game Laws 
shall report in writing the result thereof, and the amount 
of fine collected, if any, to the Commissioner, under penalty 
of the sum of five dollars for their failure, to be credited 
to the “game fund.” A special game warden or other 
officer, or person is entitled to one-half of the actual cash 
fines collected from the defendant, upon conviction, to be 
paid by the officer making the collection at the time of the 
payment, in each prosecution instigated by the warden, 
officer or other person; and in addition there shall be 
paid to such warden or other officer, the same fees, as 
other officers are paid for serving warrants, making ar¬ 
rests, etc. to be taxed in the costs against the defendants. 
In the event of failure to convict, or in case they cannot 
be collected from the defendants the costs are paid out of 
the “game fund.” 


[ Section 295 ] 

Judges of the Circuit Courts and the Courts of Con¬ 
current Jurisdiction shall charge the grand juries specific¬ 
ally, and urge strict enquiry into infractions of the game 
laws. Concurrent jurisdiction is given Justices of the 
Peace, and Circuit Courts as to trying offences against the 
Game laws. Certain Game Protective Associations are 
excepted from the act and are given power to appoint and 
have control of game wardens as they had when the pres¬ 
ent act became a law. 

[ Section 296 ] 

The trapping of fur-bearing animals upon the land or 
water, or in the water adjoining the lands, of another is 
prohibited, without the written consent of the owner, which 
writing he must have in possession while setting devices 
or traps so prohibited. Any person trapping on the land 



110 


Government in Virginia 


of another must make to the owner a full report in writing 
of the stock, fowls, or dogs caught in any trapping device, 
with date and description thereof. 

[ Section 297 ] 

No device for trapping shall be set where liable to 
damage persons, stock, etc. and the person setting the 
same is liable for such damage, etc. The land owner may 
trap or shoot fur-bearing animals on his own land at any 
season. The provisions of this section are only to be valid 
if adopted by the Boards of Supervisors of the counties. 
Ample provision is made for closing the season to protect 
the game. Some game may not be trapped or sold at 
any time, such as robins, grouse, pheasants, quail, part¬ 
ridges, wood-cock, and wild turkeys. Hunting game birds 
on Sunday, or earlier than half an hour before sunrise or 
later than half an hour after sunset, is forbidden. The 
Supervisors may lengthen the closed season in their coun¬ 
ties. The number of birds killed in a day is limited, and 
the shipping and transporting from the state of certain 
game is prohibited. With certain exceptions, it is unlaw¬ 
ful to kill or capture any wild bird for its plumage. The 
shooting of pigeons or other birds for amusement is pro¬ 
hibited. Boards of Supervisors may offer rewards for 
scalps of hawks and other predatory birds and animals. 

[ Section 298 ] 

Sanctuaries for game upon agreement between a land 
owner and the Commissioner are provided for, and penal¬ 
ties fixed for their invasion. Field trials are provided for 
without hunting licenses where no game is killed; and 
dogs brought into the state for such trials are exempt from 
license tax for one weeks time. Fox hounds may be per¬ 
mitted to run at any time by consent of the Commissioner, 
if the kennel tax has been paid. Provision is made for 
residents of Virginia to breed game, fish and furbearing 
animals, and regulating the same. 



Fish Ladders 


111 


[ Section 299 ] 

The size of fish which may be caught is limited by 
statute, so as to protect the young fish. The law forbids 
the taking or having in possession sturgeon under four 
feet, rock fish under ten inches, trout under nine inches, 
spot under six inches, croakers under seven inches, hog- 
fish under six inches, mullets under six inches, black bass 
under nine inches, yellow or ring perch under seven inches 
—“measurements from nose to tip of tail.” Those caught 
under size to be returned immediately to the water; and 
where taken in a net to be returned before being put inside 
the boat. 


[ Section 300 ] 

Suitable fish ladders to allow fish free passage up and 
down rivers above tide-water, are required for every dam 
or other obstruction in any of the rivers of the State, which 
interfere with such free passage of fish, during the months 
of March, April, May and June of each year. Such lad¬ 
ders must be kept in good repair, and restored if destroyed. 
A few counties are excepted from the provisions of the 
law. Penalties are provided for failures to comply with 
the law. Inspections are required of the Department in 
April and October, and reports have to be made to the Cir¬ 
cuit and Corporation Courts of the violation of the law as 
to fish ladders as mentioned. Game wardens are made 
fish wardens and their powers and duties defined. Seines 
and nets fixed to the bottom so as to obstruct the passage 
of fish are forbidden under penalty. Certain counties 
named are excepted. Not more than twenty-five black 
bass or forty brook or mountain trout and rainbow trout 
may be taken in one day by one person. It is unlawful 
to buy or sell certain game fish such as bass, chub, moun¬ 
tain trout, with certain county exceptions. 

[ Section 301 ] 

Dog laws are put under the Department of Game and 
Inland Fisheries. By the act stock are to be paid for when 



112 


Government in Virginia 


killed, and dogs duly taxed are made property. Taxes are 
imposed on dogs four months old, and dogs are forbidden 
to run at large without license tags as provided in the act. 
Penalties are provided for violation of the law. The col¬ 
lars and tags may be taken off when hunting with owner. 
The money collected from license taxes shall be kept in 
a separate fund by the Treasurer to be applied as provided 
in the act. Any mad dog, or dog who has killed or wor¬ 
ried sheep shall be killed by order of a Justice of the Peace. 
If the owner of a dog ordered to be killed shall conceal him 
or cause to be concealed he shall be fined four dollars for 
every day such dog is so concealed. 

[ Section 302 ] 

In all game and fish laws wherever there is a conflict 
between the laws of the state and the United States, the 
United States law is to govern. The Treaty with refer¬ 
ence to migratory birds between the United States and 
Great Britain as to such birds of Canada, and the United 
States, is the law, if in conflict with the state law. The 
'‘Bag limit” on the following birds by such Treaty is twen¬ 
ty-five ducks; eight geese; fifty sora; fifteen plover; 
twenty-five snipe; six wood-cock; and twenty-five doves. 

[ Section 303 ] 

THE DAIRY AND FOOD COMMISSIONER’S duties 
are defined by statute. The Governor by and with the con¬ 
sent of the General Assembly in joint session makes the ap¬ 
pointment and the Commissioner holds office for four 
years from the 31st of January of the year of his appoint¬ 
ment. He is removable by the Governor, but the reasons 
thereof must be laid before the next General Assembly In 
joint session. The Governor fills the vacancy for the un¬ 
expired term. The Commissioner must take the oath of 
office as provided in the Constitution, and gives bond with 
security approved by the Governor, in the penalty of five 



Dairy and Food Commissioner 


113 


thousand dollars for the faithful performance of his duties. 
A Deputy Dairy and Food Commissioner is appointed by the 
joint action of the Commissioner and of the Commissioner 
of Agriculture and Immigration, subject to the confirma¬ 
tion of the State Board of Agriculture, etc. His salary is 
twenty-six hundred dollars. Special assistants to be paid 
for the time actually employed may be appointed as the 
said deputy is appointed, and hold office during the pleas¬ 
ure of the Commissioners. 

[ Section 304 ] 

Salaries payable monthly, and actual necessary ex¬ 
penses are audited by the State Board of Agriculture, etc., 
and paid upon warrant of the Dairy and Food Commis¬ 
sioner, or the Auditor of Public Accounts. The Board of 
Agriculture, etc. must provide office room, etc. in the City 
of Richmond for the conduct of the business of the Dairy 
and Food Commissioner on his application therefor. The 
chemical laboratory of the Department of Agriculture, etc. 
shall do the chemical work incident to the execution of 
the Dairy and Pure Food laws. 

[ Section 305 ] 

The duties of the Dairy and Food Commissioner are 
defined in the statute. He must carefully inquire into 
dairy and food and drink products which are manufactured 
or offered for sale in the State; he may procure samples 
thereof in a lawful manner and have them analyzed by the 
State Chemist, who shall report to him the result. He 
shall make complaint against the manufacturer or the 
vendor of adulterated, impure or unwholesome articles 
used in contravention of the State’s pure food laws, and 
furnish all evidence thereof to obtain a conviction of 
the offense charged. In the performance of his duties he 
may enter any creamery, factory, drug-store or labora¬ 
tory and open any receptacle supposed to contain any 
article of food or drink and examine the contents, and 



114 


Government in Virginia 


take therefrom samples for analysis, (samples to be taken 
in the presence of a witness and marked,) and tender to 
the owner, or the person having the custody, the value 
thereof, and a statement in writing showing reasons for 
taking the sample. Bakeries and confectionaries may be 
notified of filthy or unsanitary conditions, and unless the 
evil is corrected, the person or persons may be deemed 
guilty of a misdemeanor, and upon conviction be punished 
by fine or imprisonment, or both in the discretion of the 
Court. The Commissioner, Deputy or agent duly ap¬ 
pointed may seize articles used as imitations or substitutes 
for Dairy and Food products. Provision is made for the 
disposition of such articles, and for action against the 
violators of the Dairy and Food laws. 

[ Section 306 ] 

Commonwealth’s Attorneys are required to render 
legal assistance when called on by the Commissioner. To 
the Commissioner is given the enforcement of the laws. 
He shall make an annual report to the Commissioner of 
Agriculture and Immigration, to be by him transmitted to 
the Governor. This report shall show the doings of his 
office for the preceding fiscal year, such as the number of 
inspections made, specimens analyzed, complaints entered 
against those violating the law, the amount of fines im¬ 
posed, and make recommendations such as may bene¬ 
fit the service. 


[ Section 307 ] 

The term “food” in the act includes food, drink, con¬ 
fectionary, or condiment used by man or other animal. 
Adulteration in case of confectionary, means putting into 
such confectionary, deleterious ingredients. In case of 
food, it means mixing any substance which may injure its 
duality or be injurious to health, etc. The marking of 
“Virginia” or “Old Dominion” meal from western corn is 
prohibited. And mill-feed, mill-stuff, bran, brownstuff. 
or ship-stuff is forbidden under penalty unless made of 




Board of Public Welfare 


115 


bran of corn, wheat or other cereal grain. Oleomargerine 
must not be sold as butter; and where used, the fact must 
be indicated by signs posted conspicuously. Standards 
are fixed for ice-cream. Licenses must be obtained from 
the Dairy and Food Commissioner to conduct any slaugh¬ 
ter-house, abattoir, packing house, etc. 

[ Section 308 ] 

THE STATE VETERINARIAN under the direction of 
the Live Stock Sanitary Board, and the State Dairy and 
Food Commissioner, shall apply the tuberculin test to 
breeding or dairy cows as may be directed by them, for 
controlling the disease of tuberculosis. 

[ Section 309 ] 

THE STATE BOARD OF PUBLIC WELFARE has suc¬ 
ceeded the Board of Charities and Corrections, whose 
members when the Act of 1922 took effect, are continued. 
On the 1st of February in each year, the Governor, subject 
to confirmation by the Senate, appoints one member for 
the term of five years, until five members are appointed. 
Members of the Board may be removed by the Governor 
for cause. Membership on the Board is forbidden to 
directors, officers or employees of an institution subject to 
the terms of the Board of Public Welfare Act. The Board 
appoints as executive officer, the Commissioner of Public 
Welfare, whose salary is fixed by statute. He appoints 
other assistants and employees, subject to the approval of 
the Board. Salaries and expenses are paid out of the 
State Treasury on warrants of the Auditor of Public Ac¬ 
counts issued on certificates signed by the Chairman of 
the Board. Members of the Board, and the Commissioner 
and assistant Commissioner take the oath of office before 
entering on the discharge of their duties, and the Com¬ 
missioner and Assistant Commissioner give bond to the 
Commonwealth in the penalty required by the Board for 
faithful performance of their duties which bonds are filed 
In the office of the Secretary of the Commonwealth. 



116 


Government in Virginia 


[ Section 310 ] 

The duties of the Board are to inspect and examine, 
and report on all state, county, municipal and private in¬ 
stitutions of any eleemosynary, charitable correctional or 
reformatory character or which are for the care or training 
of defective, dependent, neglected, or criminal classes. 
Visitation by at least two members of the Board is required 
every six months in certain named cases. Extracts from 
reports duly made shall be sent to the Chairman of the 
Boards of Supervisors, and presidents of city councils, and 
to the officials in charge of institutions. All information, 
statistics and reports required must be furnished the Board 
by those in charge of such institutions, and free access to 
inmates, and records is required of such management, at 
any time. Interference, or refusal to disclose informa¬ 
tion when lawfully requestsd is made a misdemeanor. All 
plans of public institutions of charitable or penal nature, 
before adoption by county or city authorities jnust be sub¬ 
mitted to the Board of Public Welfare, who shall promptly 
return the same with suggestions and recommendations. 

[ Section 311 ] 

The Governor may, when he thinks proper, direct the 
Board, or any committee or agent to make an investigation 
of the management of any institution receiving aid from 
the State, and requiring investigation under the Public 
Welfare Act. And power is given to enforce the atten¬ 
dance of witness, the production of documents, and the 
giving of evidence. Provision is made for the payment of 
the members of the Board conducting the investigation, 
necessary expenses, and five dollars a day while in actual 
service. The Board shall make a biennial report to the 
Governor. 

[ Section 312 ] 

Provision is made for a county or city Board of Pub¬ 
lic Welfare created by the Circuit or Corporation Court or 
Judge in vacation from a list of eligibles submitted by the 



Legislative Reference Bureau 


117 


State Board of Public Welfare. Such local Board to con¬ 
sist of not less than three nor more than seven. The term 
is to be for four years, and provision is made for the re¬ 
moval of any member for cause, by the State Board of 
Public Welfare, by and with the approval of the Court or 
Judge making the appointment entered of record. The 
duties of the local Boards are defined specifically, who from 
a list of eligibles submitted by the State Board, may ap¬ 
point a county or city superintendent of Public Welfare 
and such assistants as the local Boards may deem neces¬ 
sary. Their salaries to be fixed by the County Board of 
Supervisors, or the governing body of the cities. Such 
local superintendent of public welfare to be the executive 
officer of the Board appointing him. He must take the 
oath of office before the court or the judge which appointed 
the Board, and enter into bond with amount and surety 
approved by the court or judge conditioned for the faithful 
discharge of his duties. Such local superintendent is ves¬ 
ted with powers of a police officer or constable. Under 
the local Board and the State Board, his powers and duties 
are specifically defined in the Statute. 

[ Section 313 ] 

Among the definite duties imposed on the State Board 
of Public Welfare are child welfare (to regulate child-plac¬ 
ing) maternity hospitals (where women are treated during 
pregnancy or during delivery) children’s nurseries, moth¬ 
ers’ aid (indigent widowed mothers for the partial sup¬ 
port of children in their own homes) desertion or non¬ 
support by husbands, female delinquents, juvenile laws, 
and probation laws (the supervision of those who have 
broken the laws) the adoption of children, detention homes, 
etc. 


[ Section 314 ] 

THE LEGISLATIVE REFERENCE BUREAU is a stat¬ 
utory one. It is placed in charge of a Director appointed 



118 


Govemanent in Virginia 


by the Governor with the approval of the Senate. The act 
specifies that he is to be appointed solely on the ground of 
fitness, without reference to party affiliations, and requires 
that he devote his entire time to the work of the Bureau. 
He holds office for five years, and is removable by the Gov¬ 
ernor for cause. He must be a graduate in some Univer¬ 
sity or College Law School, and have studied political 
science for twelve months and must have had some exper¬ 
ience in drafting statute law. 


[ Section 315 ] 

The Director is given rooms in the State Library Build¬ 
ing, the Capitol or elsewhere in Richmond, convenient for 
members of the General Assembly. His duties are to aid 
the Governor and members of the General Assembly in 
drafting bills upon written request duly signed, which state¬ 
ment shall not be made public, except with the consent of 
the person signing the same. He must also collect and 
classify data relating to pending or prospective legislation, 
prepare and compile catalogues, indexes, etc. relating to 
legislation; publish bulletins and pamplets as guides in the 
Bureau; keep files and documents printed by order of the 
General Assembly; accumulate data and statistics as to ef¬ 
fect of statutes in other states. Necessary printing and 
binding, and stationery, are done and furnished by the Sup¬ 
erintendent of Public Printing, upon requisition of the Di¬ 
rector. The salary of the Director is $3,600. and there 
was appropriated by the last General Assembly for the 
Bureau, the sum of $8,851. 

[ Section 316 ] 

The State Tax Board consists of the two Auditors and 
the Treasurer. They serve without extra pay, and have 
the supervision and enforcement of the tax laws. The 



State Tax Board 


119 


Board is given authority to investigate and report whether 
tax officers are performing their duties, etc., and to insti¬ 
tute proceedings in court to correct assessments, and to 
perform such acts as will effect fairness and equality of as¬ 
sessments and taxation. 

[ Section 317 ] 

The Tax Board appoints for each Judicial Circuit for 
the term of four years an Examiner of Records, who quali¬ 
fies, and gives bond with surety for the faithful discharge 
of his duties before the Circuit Court or Judge of his Cir¬ 
cuit. His duties are defined by Statute, and are mainly 
the annual examination and report on fiduciary accounts. 
He makes report to the Commissioners of Revenue of his 
findings upon forms prescribed by the Auditor of Public 
Accouts, and the Commissioners extend the same upon the 
personal property books. The Motor Vehicle Commis¬ 
sioner issues licenses and collects the Gasoline Tax. 

[ Section 318 ] 

The General Assembly appropriates for the use of the 
State Tax Board the sum of $12,550. out of which, counsel 
and assistant, etc. are paid. 

[ Section 319 ] 

The Purchasing Commission consists of the Governor 
as Chairman, the Auditor of Public Accounts, as Secretary, 
the State Treasurer, and the State Purchasing Agent. Its 
business is the purchasing of commodities for the State. 
There was appropriated for its use $11,200., out of which 
the Commissioner of State Hospitals, as ex officio State 
Purchasing Agent, was to be paid $1,600., and Assistant 
Purchasing Agent, $3,000; and two clerks, one a book¬ 
keeper and the other a stenographer, $1,800. and $1,500. 
respectively. 



120 


Government in Virginia 


[ Section 320 ] 

The State Fee Commission consists of the Governor, 
the Auditor of Public Accouts, and the State Accountant. 
Its duty is the study of the regulation of the compensation 
of fee officers. There was appropriated for its use the 
sum of $250. of which $200. was to be expended for a steno¬ 
grapher. 


[ Section 321 ] 

The State Geological Commission is composed of the 
Governor as Chairman, the Presidents of the University of 
Virginia, and the Virginia Polytechnic Institute, the Super¬ 
intendent of the Virginia Military Institute, the State Geo¬ 
logist, the State Forester, and a civilian appointee. They 
serve without compensation but their detailed expenses are 
allowed them while in the discharge of their duties. There 
was appropriated therefor the sum of $700., out of which 
the Secretary of the State Geological Commission was to 
receive $300. Its object is the development of the mineral 
and forestry resources of the Commonwealth. 

[ Section 322 ] 

The Forestry Department is placed under the State 
Forester, who is appointed by the State Geological Com¬ 
mission, and there is appropriated fo r the protection and 
development of the forest resources of the Commonwealth 
eighteen thousand dollars, out of which the State Forester 
and his assistant receive $3,000. each and a second assist¬ 
ant receives $2,500. 


[ Section 323 ] 

There is appropriated for the State Geological Survey 
the sum of $18,465. Out of this the State Geologist re¬ 
ceives $2,000., and his assistant $1,500. There is provi- 



Crop Pest Commissions 


121 


sion made for a topographic mapping in co-operation with 
the United States Geological Survey, and $5,000. is appro¬ 
priated therefor. 


[ Section 324 ] 

The Virginia War History Commission consists of 
eighteen distinguished citizens of the Commonwealth, and 
there is appropriated for preparing a war history of Virginia 
the sum of $7,500. 

[ Section 325 ] 

The Virginia Board of Crop Pest Commissioners con¬ 
sist of the Board of Control of the Virginia Agricultural and 
Experiment Station. At present the Executive Committee 
of the V. P. I. Board of Visitors. Out of the appropria¬ 
tion therefor of $18,725 for furnishing protection from 
crop pests, and for the eradication of the Oriental moth 
pest, the State entomologist receives $3,000.; and the as¬ 
sociate entomologist receives $1,980. Receipts of the 
State Board of Crop Pests Commissioners from the regis¬ 
tration and certification of nurseries, are to be put in a 
special fund by the Auditor of Public Accounts, and paid 
from time to time as provided by law. All other fees and 
revenues formerly collected by said Commissioners to be 
paid into the General fund of the State Treasury. 

[ Section 326 ] 

The State Live Stock Sanitary Board consists of the 
Executive Committee of the V. P. I. Board, and includes 
the State Veterinarian. There is appropriated the sum of 
$21,670. for protecting live stock from diseases. Of this 
amount the State Veterinarian receives $4,000., and his as¬ 
sistant $2,500. The Veterinary Board consists of five 
members. 



122 


Government in Virginia 


[ Section 327 ] 

The Division of Markets is a feature of the Board of 
Agriculture and Immigration, and there is appropriated for 
collecting and disseminating market information, etc., the 
sum of $20,000. 

[ Section 328 ] 

The Virginia Truck Experiment Station at Norfolk, in¬ 
stituted for experimentation in truck crop development, re¬ 
ceives $22,960., and there is appropriated for such work on 
the Eastern Shore of Virginia $2,110. Out of these ap¬ 
propriations a Director is paid $3,500. and other officials, 
including horticulturists, plant pathologists, and entomo¬ 
logists, other sums. 


[ Section 329 ] 

The Commission of Fisheries consists of five members 
appointed by the Governor, at least two of whom shall be 
from the tidewater section of the State. One of the latter 
shall be designated by the Governor as Commissioner of 
Fisheries, who shall be ex offiico chairman of the Commis¬ 
sion. The other tidewater member to be the Shell-Fish 
Commissioner, who shall be assistant Commissioner of 
Fisheries. Their duties are the protection of the oyster 
beds of the Commonwealth. Out of the appropriation of 
$81,170., nineteen thousand, one hundred dollars, are for 
the expenses of administration; fifty-seven thousand and 
seventy dollars for the protection of the oyster beds and 
fish, and five thousand for improvement of the oyster beds. 
All revenue collected by the Commission of Fisheries, is 
placed in the general fund of the State Treasury, and the 
total appropriation is paid out of the State Treasury. 

[ Section 330 ] 

The Commissioner of State Hospitals is appointed for 
the administration of the State Hospitals for the Insane and 



Public Institutions and Prisons 


123 


the State Colony for Epileptics and the Feeble-minded. 
He is paid the sum of $2,000. 

[ Section 331 ] 

The Board of Commissioners for the promotion of Uni¬ 
formity of Legislation in the United States, consists of 
three members appointed by the Governor. 

XVII. Public Institutions and Prisons. 

[ Section 332 ] 

By the terms of the Constitution, State Hospitals for 
the Insane and a penitentiary with such branch prisons, 
and prison farms as may be provided by the General As¬ 
sembly, are established. 

[ Section 333 ] 

A Board of three Directors for each of the State Hos¬ 
pitals for the Insane now existing, appointed by the Gov¬ 
ernor, subject to confirmation by the Senate, is to have 
the management of the hospital for which they are ap¬ 
pointed subject to the supervision and control of the Gen¬ 
eral Board of Directors. The term of the Directors is for 
six years. 


[ Section 334 ] 

The General Board of Directors for the control and 
management of all the State Hospitals for the Insane es¬ 
tablished, and to be established, shall consist of all the 
members of the Special Boards of Directors mentioned. 
The General Board subject to the regulation by the Gen¬ 
eral Assembly is given control over the Special Boards and 
all officers and employees in said hospitals. A Superin¬ 
tendent for each State Hospital for the Insane shall be ap¬ 
pointed by the General Board for a term of four years, re- 



124 


Government in Virginia 


movable for causes mentioned in the Constitution by the 
General Board. All other resident officers shall be ap¬ 
pointed by the Special Board for each hospital subject to 
the approval of the General Board. The Superintendent 
of each hospital shall appoint and may remove with the 
approval of the Special Board all other employees of such 
hospital. 


[ Section 335 ] 

A Commissioner of State Hospitals for the Insane is 
appointed by the Governor, subject to confirmation by the 
Senate for a term of four years. He is ex officio Chair¬ 
man of the General and of each of the Special Boards of 
Directors. He is responsible for the proper use of all 
moneys received from any source for the maintenance of 
such hospitals. He is to institute in each hospital a un¬ 
iform system of keeping the records and accounts of mon¬ 
ey received and disbursed, and of making reports thereof. 
He is to perform such other duties as may be prescribed 
by statute. He shall execute such bond, and receive the 
salary so prescribed. 


[ Section 336 ] 

The Governor appoints five Directors subject to con¬ 
firmation by the Senate, which Board, subject to the stat¬ 
utes passed by the General Assembly, have the government 
and control of the penitentiary, branch prisons, and prison 
farms, and appoint the superintendents and surgeons 
thereof. The respective superintendents appoint and re¬ 
move all other officers and employees of the penitentiary, 
branch prisons and prison farms, subject to the approval 
of the Board of Directors. The superintendents and sur¬ 
geons, appointed for a term of four years, are removable 
bv the Board of Directors for misbehavior as defined in 
the Constitution. The Directors are appointed for a term 



Quasi Agents of State 


125 


of five years, and may be suspended by the Governor until 
the next meeting of the General Assembly, to which he 
must make report thereof. 

[ Section 337 ] 

There are numerous associations, societies, etc., to 
which the State appropriates revenue, and they may be 
deemed quasi agencies of the Government. These are 
The Confederate Memorial Association, The Confederate 
Museum at Richmond, The Co-operative Education As¬ 
sociation of Virginia, Home for Needy Confederate Women, 
Richmond Eye, Ear and Throat Infirmary, Travelers Aid 
Society of Lynchburg, Newport News, Norfolk, Peters¬ 
burg, Portsmouth, Roanoke, Staunton, Richmond; The 
Virginia Crop Improvement Association, The Virginia Home 
for Incurables, Richmond; Virginia State Dairymen's As¬ 
sociation; The Virginia State Fair Association, and the 
Virginia State Horticultural Society. 

[ Section 338 ] 

There are the Medical, Dental, and Graduate Nurse 
Examining Boards; the Architects, Engineering and Sur¬ 
veyors Board; the Pharmacy Board; the Board of Legal 
Examiners and the Board of Censors of Films, all provided 
by law for the purpose of protecting the public from quacks 
and fakers in the several professions, and to assist in the 
welfare of the Commonwealth. 

[ Section 339 ] 

COMMISSION ON THE SIMPLIFICATION 
OF STATE GOVERNMENT: 

This Commission was authorized by the Act of 1922. 
It is composed of nine members. Two are from the Sen¬ 
ate appointed by the President of the Senate; three from 
the House of Delegates by the Speaker; and four are ap- 



126 


Government in Virginia 


pointed by the Governor from the qualified voters of the 
State. The Commission names a member Chairman, and 
another Secretary. 


[ Section 340 ] 

The duties of the Commission are to study the details 
of the organization of the State and local government, and 
make recommendations to the General Assembly of nine¬ 
teen hundred and twenty-four. It is to offer a plan for 
the re-organization and simplification of all the component 
parts of the Government, and for the elimination of un¬ 
necessary duplication in governmental agencies, state and 
local. It shall report improvements to be effected by leg¬ 
islative and by constitutional enactment separately. The 
Commission is to receive six dollars a day, actual travelling 
expenses, hotel expenses for the several members each in 
attendance on meetings of the Commission. 

XVIII. The State Accountant 

[ Section 341 ] 

The State Accountant is appointed by the Governor 
upon the recommendation of the joint Auditing Committee 
of the General Assembly. His expenses are rendered 
monthly by itemized statement to the Auditor of Public 
Accounts and upon affidavit a pro rata part of his salary 
and the expenses are paid monthly. He must be an ex¬ 
perienced expert accountant, and must have had four years 
experience. He qualifies before the Circuit Court or Judge 
of the City of Richmond, and gives bond with security in 
the penalty of five thousand dollars for the faithful per¬ 
formance of his duty. The bond to be filed with the Sec¬ 
retary of the Commonwealth. He may be removed by 
the Governor for misfeasance or malfeasance, or for in¬ 
competency. His duties are under the direction of the 
joint Auditing Committee of the General Assembly to de- 



State Accountant 


127 


vise a modern effective and uniform system of book-keep¬ 
ing and accounting comprehending an efficient system of 
checks and balances between the officers at the seat of Gov¬ 
ernment, entrusted with the collection, and receipt, 
custody and disbursement of revenues of the State; such 
system of accounting to be suitable to the needs of the 
offices of Auditor of Public Accounts, of the State Treas¬ 
urer, of the Secretary of the Commonwealth, the Super¬ 
intendent of Public Instruction, the State Highway Com¬ 
mission, the Second Auditor, the Commissioner of Agricul¬ 
ture, Bureau of Insurance, the Register of the Land Office, 
the State Library, the Commission of Fisheries, the 
Board of Smiting Fund Commissioners, and all other State 
offices at the seat of Government. He examines, upon 
the direction of the Auditor of Public Accounts or of any 
other State officer at the seat of Government, the accounts 
of any person required to settle with such officer. 

[ Section 342 ] 

He is directed to employ assistants with the approval 
of the Auditing Committee of the General Assembly and 
to audit every two years from July 1, 1922, and at other 
times, if the Governor directs it, all accounts and records 
of every city and county official and agency in the State 
handling State funds. He shall make a detailed written 
report to the Governor within thirty days after such audit, 
which reports are public records, and shall be transmitted 
to the General Assembly at each regular session by the 
Governor. Each locality, the records of which officials are 
examined, shall repay into the State Treasury, one-half of 
the expense upon the State Accountant’s presentation of a 
bill therefor. 



128 


Government in Virginia 


XIX. The Budget System 

[ Section 343 ] 

By legislative enactment the Governor is made the 
Chief Budget Officer of the State. He is to appoint a De¬ 
puty Budget Officer to be known as Director of the Budget 
for a term of four years from the first of March of the in¬ 
auguration of the Governor. The Governor may appoint 
other competent Budget assistants. The Auditor of Pub* 
he Accounts biennially on or before the 1st of November 
in the odd numbered years, must furnish the Governor, 
an estimate of the financial needs classified by him. All 
departments, bureaus, divisions, officers, boards, commis¬ 
sions, institutions or other agencies upon request must fur¬ 
nish the Governor in such form as he may resuire, any in¬ 
formation desired by him in relation to their respective af¬ 
fairs. Public hearing shall be provided for by the Gover¬ 
nor in the month of November biennially in the odd-num¬ 
bered years, for all agencies receiving or asking financial 
aid from the State. The Governor is required to make a 
careful survey of all the activities of the State, upon which 
to base his recommendations to the General Assembly. 

[ Section 344 ] 

Within five days of the beginning of the General As¬ 
sembly, the Governor must submit to the presiding officer 
of each House printed copies of the budget, based on his 
conclusions, containing a complete itemized plan of all pro¬ 
posed expenditures for all governmental activities, and of 
estimated revenues and borrowings for each in the ensuing 
biennium beginning the first of the following March. The 
budget shall show in separate parallel columns the last 
year’s appropriation, and the current year’s appropriation, 
as well as the increase or decrease. 



The Budget 


129 


[ Section 345 ] 

Accompanying the Governor’s budget shall be (1) ^ 
statement of the revenues and expenditures for the two ap¬ 
propriation years next preceding, duly classified and item¬ 
ized; (2) a statement of current assets, liabilities, reserves 
and surplus or deficit of the State; (3) a statement of the 
debts and funds of the State (4) a statement of the Gover¬ 
nor’s estimate of the condition of the State Treasury at the 
beginning and end of each of the next two appropriation 
years; (5) a complete balance sheet of the State for the 
last fiscal year ending September 30th; (6) a general sur¬ 
vey of the State’s financial and natural resources with a 
review of the general economic, industrial and commercial 
condition. 


[ Section 346 ] 

The Standing Committees of the two Houses of the 
General Assembly in charge of the appropriation measures 
must sit jointly in open session while considering the bud¬ 
get within five days of its submission to the General As¬ 
sembly. All persons interested are given the right to be 
heard, and their attendance and that of the Heads of de¬ 
partments may be required by the joint committee. The 
General Assembly may increase or decrease items in the 
budget bill i$ the interest of economy and efficiency; but 
special appropriations not in the budget bill, except in case 
of emergency, shall not be considered until the budget bill 
has been acted on by both Houses. And the fact of the 
emergency must be duly stated in the bill therefor. The 
original bill directed that the salaries and travelling ex¬ 
penses be paid out of the civil contingent fund. The print¬ 
ing of one thousand copies of the Budget amounts to $7,- 
479.92, besides the annual appropriation of $11,700, which 
includes $4,500. for the Director of the Budget, $3,600. for 
the Statistician and not exceeding $1,800. for the Secretary 
and Statistical Assistant. 




130 


Government in Virginia 


XX. Public Debt 

[ Section 347 ] 

A hundred years ago, the Commonwealth of Virginia 
entered into the business of issuing bonds for public im¬ 
provements—the first act to that end having been passed 
in 1820. The State would subscribe to two-fifths of the 
stocks of any responsible public Improvement company. 
To raise the money for such two-fifths, the State would is¬ 
sue its bonds payable at its pleasure and agreed to pay in¬ 
terest thereon to the holders of such bonds regularly, with 
the stipulation that the bonds might be called in and paid 
off at the pleasure of the State. It is of interest to note 
that between 1820 and 1861, the State issued and guaran¬ 
teed thirty-one millions of bonds, and paid more than eigh¬ 
teen millions of interest; but had only paid two hundred 
and forty-five thousand of principal. It is a pathetic fact 
too that of the public improvements into which the State 
entered, all that is left to her to represent her investments 
of $18,582,591.12 in Railroads, is her interest in the Rich¬ 
mond, Fredericksburg and Potomac Railroad Company. 
Such have been the exigencies of the State in her efforts 
to maintain her credit and good name that she has had to 
sacrifice her holdings which, if they could have been held, 
would have made her financially independent. With refer¬ 
ence to the Richmond, Fredericksburg and Potomac Rail¬ 
road Company’s ownership by the State, which amounts 
to about one-sixth of its common voting stock, of which 
she owns 2752 shares, and of dividend obligations 14,796 
shares, each paying 7%, it may be said as was replied by 
the lioness when chided for having only one at a birth: 
“but that one is a lioness.” 

[ Section 348 ] 

From the State’s original investment of $275,200.00 
she now receives $122,836.00 a year; which sum is applied 




Public Debt 


131 


by the Board of Sinking Fund Commissioners to the reduc¬ 
tion of the Public Debt. 


The Public Debt of Virginia on the 1st of October, 1863 
consisted of the following items: 

For Navigation Companies $12,234,116.30 

For Plank Road Companies 411,192.91 

Turnpike Companies 2,507,103.98 

Bridge Companies 136,034.66 

State Roads 1,785,989.69 

Railroad Companies 18,582,591.12 

State Defense 164,457.85 


Making a total of $35,821,486.51 

The Public Debt of Virginia as of October 1st, 1923 is 
$21,173,703.33 of which 

Century bonds are $13,881,396.26 

Riddleberger bonds are 4,403,654.16 

School and College Certificates are 2,467,605.85 

Old and Unfunded 421,047.06 


[ Section 349 ] 

The history of the Public Debt in Virginia has some¬ 
thing of tragedy in it. 

At the end of the war between the states, Virginia 
found herself bereft of the only labor she had known in her 
eastern section, and of that part of her territory which con¬ 
tained the least of the slave population; that possessed 
a wealth of mineral and coal and which soon exceeded 
the value that remained. 

[ Section 350 ] 

In 1871 as it had done in 1867, the General Assembly 
capitalized whatever of interest had accumulated and said 
to the holders of her debt: 





132 


Government in Virginia 


[ Section 351 ] 

“The debt we owe is in round numbers $45,000,000. 
West Virginia has one-third of the assets and must assume 
her share of our jointly made debt. Holder, come in, 
therefore, and we will give you for every old bond surrend¬ 
ered a new bond for two-thirds of our indebtedness and a 
certificate for the other third to be paid when West Vir¬ 
ginia settles her share. ,, In other words Virginia assumed 
to pay thirty millions, and gave certificates known as West 
Virginia certificates or Virginia Deferred for fifteen mil¬ 
lions. When the Legislature passed the Consol Act of 
1871, assuming to pay six per cent on $30,000,000, and 
made the $1,800,000 of interest annually to be paid there¬ 
on, tax receivable as coupons, the gross revenues of the 
Commonwealth with a tax rate for State purposes of 50 
cents on the hundred, were only $2,800,000. 

[ Section 352 ] 

Not only was the payment of $1,800,000. per annum 
out of a gross annual revenue of $2,800,000. impossible, 
but in that very year a new school system had to be insti¬ 
tuted as provided in the Constitution. West Virginia re¬ 
fused to pay anything, though in the Constitution under 
which she became a State, she promised to pay her por¬ 
tion; and the question on the floor of Congress when her 
statehood was in embryo, showed that but for that pro¬ 
mise she might never have attained the dignity of a sove¬ 
reign State. Then there came the time of stress and 
struggle in Virginia. It was Homeric. Virginia called 
on the honor of the old Dominion to do the impossible—to 
pay when there was nothing to pay with, until there was 
hardly revenue left to pay the salary of the Governor and 
none to maintain the hospitals and asylums, and schools. 

[ Section 353 ] 

Then came the McCullough Bill and the Act of 1879, 
known as the “10-40” Act. The author of the Bill had 




Re-adjustment 


133 


been in General Grant’s Cabinet, and had a reputation as 
a financier. He said, “You cannot pay six per cent on 
$30,000,000. annually, which is nearly two-thirds of your 
gross revenue; but you can pay three per cent for ten 
years; four per cent for twenty years; and five per cent for 
ten years; and retain the tax receivable feature of the 
new or “ten-forty bonds” as they were called. This was 
also an impossibility as it would have required instead of 
$1,800,000 per annum, $900,000., $1,200,000. and $1,500,- 
000. for the respective annual payments of the three peri¬ 
ods. 

[ Section 354 ] 

By this time, every effort was being put forward by 
the holders of the Bonds to force a settlement. And equ¬ 
ally strenuous efforts were advanced by the opponents of 
the measure, with the result that the McCullough Bill was 
shown to be a failure. 

[ Section 355 ] 

Then three years later in 1882, the Riddleberger Act 
was passed—General Mahone having turned the state up¬ 
side down on the issue of “Readjustment of the Debt,” 
which was to pay a fiat 3% interest annually upon $21,- 
000,000. which the calculation at the head of the Act claim¬ 
ed the debt to be instead of $30,000,000. assumed by the 
Act of 1871, and to abolish the tax receivable feature of 
the coupons. 

This proved also a failure, for after ten years, when 
the final act of settlement was passed only nine million of 
new bonds had been issued. 

[ Section 356 ] 

Then came the final settlement of all questions as to 
the public debt in 1892 when the Century Act was passed 
which is the last of the funding acts, and settled all differ¬ 
ences between the State and the bondholders, making what 



134 


Government in Virginia 


the Supreme Court of the United States has declared a full 
settlement satisfactory to all parties concerned. By this 
settlement, which was made after a full investigation of the 
Commonwealth’s ability to pay, and of the valuation of her 
assets by expert bankers and financiers, the following 
terms were agreed on: 

[ Section 357 ] 

That the $9,000,000. of Riddleberger 3% bonds which 
had been funded under the Act of 1882 should be assumed 
as they stood; that for every 28 of the old bonds and past 
due interest surrendered, 19 new bonds without the tax re¬ 
ceivable feature should be issued, bearing two per cent in¬ 
terest for ten years and three per cent for ninety years, and 
that in 1910 there should be established a sinking fund 
which up to 1929 should amount to about 120,000, and after 
that time should amount to about $240,000, per annum. 

[ Section 358 ] 

Further provision was made as to the holdings of the 
schools and colleges as had been done in the Act of 1882, 
which gave to the institutions holding the State’s securi¬ 
ties upon their surrender and cancellation a non-trans- 
ferable certificate for a like amount with that surrendered, 
bearing the original rate of interest, with the right of the 
State at any time to redeem the same at par. The amount 
of such school and college certificates so surrendered 
amount to $2,465,000. of which all bear six per cent except 
a small amount (less than $100,000) which bears five per 
cent interest. It is of interest to note that among the 
bonds so surrendered, and for which such schools and col¬ 
lege certificates were issued are the $50,000. worth of 
bonds, voted General George Washington after the Revo¬ 
lutionary War, and by him donated to Liberty Hall Aca¬ 
demy to become the foundation of Washington College, and 
Washington and Lee University. 



West Virginia Debt 


135 


[ Section 359 ] 

It is of interest to note that the unfunded issues of 
bonds were with the approval of the bondholders converted 
into Centuries at rates agreed on between their several 
holders, and at this time there are the fewest num-* 
ber of such old stocks out, as each year until 1922, the 
period for the funding was extended and report made there¬ 
of each year in the report of the Board of Sinking Fund 
Commissioners. Such Board to whom is given charge of 
the Public Debt is composed of the Auditor of Public Ac¬ 
counts, the Second Auditor and the Treasurer. The 
Secretary of the Board is allowed three hundred dollars. 

XXI. The West Virginia Debt, or 
“Virginia Deferred.’’ 

[ Section 360 ] 

When the western counties of the State of Virginia 
opposed secession at the opening of the Civil War, the debt 
of Virginia was $33,897,073.82, though finally reduced by 
agreement between Virginia and the creditors to $30,563,- 
861.56. 

[ Section 361 ] 

A convention was called at Wheeling after Virginia 
seceded from the Union, called itself the ‘'Restored State 
of Virginia,” and on August 20, 1861, adopted an ordinance 
declaring it to be the sense of the convention that a new 
State should be formed out of a portion of the territory of 
Virginia, specifying the counties contained therein. The 
ordinance, at section 9, contained the following provisions: 

“The new State shall take upon itself a just proportion 
of the debt of the Commonwealth of Virginia prior to Janu¬ 
ary 1, 1861, to be ascertained by charging to it all State ex¬ 
penditures within the limits thereof and a just proportion 
of the expenses of the State government since any part of 
said debt was contracted, and deducting therefrom the 
moneys paid in the Treasury of the Commonwealth from 
the counties within said new State during said period, etc. 



136 


Government in Virginia 


[ Section 362 ] 

The provision of the Constitution of the United States 
requiring the consent of a State to the formation of another 
State out of its territory was met by an act of the Legisla¬ 
ture of the so called “Restored State of Virginia” on the 
13th of May, 1862, giving the consent of Virginia to the 
erection of the proposed new State within the limits of Vir¬ 
ginia. 


[ Section 363 ] 

On the 20th of February 1871 the Legislature of Vir¬ 
ginia through the Governor tendered to West Virginia a 
proposition to arbitate. West Virginia asked that the ar¬ 
bitrators for each State should not be citizens of either 
State, the arbitrators to select an umpire if necessary. 

[ Section 364 ] 

The Governor of West Virginia appointed three Com¬ 
missioners who came to Richmond where all the accounts 
and vouchers and evidence were. 

[ Section 365 ] 

West Virginia claimed that Virginia failed to cooperate 
with her Commissioners, and placed them at a disadvant¬ 
age in examining the records at Richmond, and that only 
an imperfect report could be made by the State of West 
Virginia. 

[ Section 366 ] 

The West Virginia committee made its report Decem¬ 
ber 22, 1873, from which it appeared that West Virginia did 
not owe Virginia anything, but that Virginia owed West 
Virginia on the 1st of January 1861, $512,000, not including 
interest. 




West Virginia Debt 


137 


[ Section 367 ] 

Virginia, by act of March 21, 1867, after reciting the 
immense loss of property sustained by the State in the war, 
and that it was found impossible to pay full interest on the 
public debt and reciting the desire and purpose of the 
General Assembly to make provision for paying the same as 
fully as the resources of the State would warrant, had 
provided that there should be paid on July 1, 1867, and 

January 1, 1868, two per cent interest upon the principal 
of the public debt excluding therefrom the bonds given for 
interest on said debt under act of March 2, 1866. The act 
recites that such interest was what Virginia feels obliged 
to pay until settlement of the accounts between the two 
States. 


[ Section 368 ] 

The report of the Second Auditor, December 21, 1870, 
showed “The public debt issued under the act of March 2, 
1866, authorizing the interest to be funded”. . $7,063,950.77 
And the Unfunded interest due January 1, 1867, 


fundable in bonds of that date. 628,359.61 

Amount of interest funded and that may be 

funded. $7,692,310.38 


[ Section 369 ] 

Virginia, by the act of March 30, 1871, passed what 
was called the “Consol Act,” in which two-thirds of the 
debt, principal and interest, was consolidated and funded as 
of July 1, 1871, in six per cent, coupon or registered bonds 
payable in 34 years, except that five per cent, bonds should 
be funded at five per cent. For the other third of the 
amount due upon the old debt surrendered, there was is¬ 
sued a certificate bearing the same date as the new bonds, 
setting forth the amount, and that payment thereof with 
interest at the rate prescribed in the bond surrendered, will 
be provided for in accordance with such settlement as shall 






Government in Virginia 


138 


hereafter be had between the States of Virginia and West 
Virginia in regard to the public debt of the State at the 
time of its dismemberment, and that the State of Virginia 
holds said bonds, so far as unfunded in trust for the holders 
or their assignees. 

[ Section 370 ] 

At the time of the Century settlement, confirmed by 
the passage of the Century Act of February 20, 1892, there 
was evidently a discussion of the West Virginia certificates 
between those making the settlement, and while nothing of 
it appears in any records, the fact that finality was to be 
given to the vexed question of Virginia’s debt would na¬ 
turally suggest the ending of the West Virginia contro¬ 
versy; and the further fact of the act next mentioned hav¬ 
ing passed so speedily would appear to justify the opinion 
that such idea was in the minds of those making the Cen¬ 
tury settlement. 

[ Section 371 ] 

Virginia, by act of March 6, 1894 provided by joint re¬ 
solution for adjustment with West Virginia of the propor¬ 
tion of the public debt of the original State of Virginia 
proper to be borne by West Virginia and for the application 
of whatever may be received from West Virginia to the 
payment of those entitled to the same. 

[ Section 372 ] 

This act, after severally referring to the funding and 
settlement of her public debt under the four acts of March 
3, 1871. March 28, 1879. February 14, 1882. 

February 20, 1892. and reciting the fact 

that Virginia had settled and adjusted to the entire 
satisfaction of her people and creditors the liability assum¬ 
ed by her on account of two-thirds of the debt of the origi¬ 
nal State, created a Commission of seven members to con¬ 
sist of the chairman of the Senate and House Committee 
on Finance, respectively, and five others, two from the 




139 


West Virginia Debt 


Senate and two from the House of Delegates to be chosen 
by such Senate and House, and one resident of the State 
to be appointed by the Governor. The Commission to 
choose its own chairman and secretary. Vacancies dur¬ 
ing recess of the Legislature to be filled by the Governor on 
notification thereof by the chairman. 

[ Section 373 ] 

The Commission was authorized and directed to nego¬ 
tiate with the State of West Virginia a settlement and ad¬ 
justment of the proportion of the public debt of the original 
State of Virginia. But it was not to proceed until satis¬ 
factory assurances were given by the holders of a majority 
of the amount of certificates, exclusive of those held by the 
Board of Education and Sinking Fund Commissioners, of 
their desire that the Commissioners should so undertake, 
and of their willingness to accept the amount ascertained 
to be paid by the State of West Virginia in full settlement 
of the one-third of the debt of the original State of Virginia. 
This act further provides that negotiations should not be 
undertaken by the Commission, except upon the basis of 
Virginia being liable only for the two-thirds already pro¬ 
vided for as her equitable proportion thereof. All expenses 
incurred by the Commission and the Board of Arbitration, 
including reasonable compensation of the members thereof 
to be paid out of the proceeds of such settlement, or by the 
holders of said certificates who are the beneficiaries of such 
settlement, but without subjecting the State to any expense 
on this account. 


[ Section 374 ] 

The action of the Commission to be subject to the ap¬ 
proval or disapproval of the General Assembly, and not to 
be binding on the State until approved by the General As¬ 
sembly. 




140 


Government in Virginia 


[ Section 375 ] 

On the 7th of January 1895, Governor O’Ferrall com¬ 
municated the joint resolution to the Governor of West Vir¬ 
ginia by whom it was laid before the Legislature of that 
State. No committee was appointed by that Legislature 
to meet the Virginia Commission, nor was any action tak¬ 
en, or response made by them on behalf of that State save 
the formal acknowledgement of its receipt by the Presi¬ 
dent of the Senate, and the statement that it had been laid 
before the Senate. 


[ Section 376 ] 

The agreement of July 28, 1898, was made between 
the Bondholders’ Committee and holders of the West Vir¬ 
ginia certificates who should deposit the same as provided. 
It then constituted an Advisory Board whose functions 
were to examine the plan of settlement proposed by the 
Committee representing the holders of the certificates, sub¬ 
mitted to them, and to state their recommendation thereof, 
or the contrary. The Advisory Board to add to their 
number, and to fill vacancies. 

[ Section 377 ] 

The function of the Committee was to bring about a 
deposit of certificates or of trust receipts heretofore issueu 
to represent them; to formulate a plan of settlement ana 
after it was recommended by the Advisory Board to cause 
the same to be published and submitted to depositing cre¬ 
ditors in carrying out the purposes of the agreement; to ap¬ 
point one or more depositories to receive said certificates 
or trust receipts and issue therefor its proper receipt—sub¬ 
ject to restriction in this contract; the Committee to have 
power to make arrangements with either Virginia or West 
Virginia to insure the prompt surrender of all or any of the 
certificates in exchange for such amount as West Virginia 
may pay, and her creditors agree to accept, and also in¬ 
cludes power to execute in behalf of the depositing credi- 



West Virginia Debt 


141 


tors any release or acquittance which will exclude any de¬ 
mand on Virginia beyond the amount she may receive from 
West Virginia; provided that no settlement should be con¬ 
cluded until it has been recommended by the Advisory 
Board, and has been submitted to the creditors and accept¬ 
ed. 

[ Section 378 ] 

On the 7th day of February, 1900, the Commission 
made a report to the General Assembly of Virginia showing 
that the control and disposal of a majority of said certifi¬ 
cates had been tendered, and the Committee offered to 
accept whatever might be realized from West Virginia on 
the certificates in full settlement of their claims, and show¬ 
ing that Brown Brothers & Company, Bankers of New 
York, was the depository of said Committee. 

[ Section 379 ] 

The Virginia act of March 6, 1900 provided for the 
settlement with West Virginia of the proportion of the pub¬ 
lic debt of the original State of Virginia, proper, to be borne 
by West Virginia and for the due protection of the Com¬ 
monwealth, and that the said holders of said certificates so 
deposited will accept the amount realized on such settle¬ 
ment from West Virginia on said certificates as a full set¬ 
tlement of all their claims thereunder. All the expenses 
involved in connection with any of the matters aforesaid 
were to be borne by the certificate holders, as provided in 
the joint resolution aforesaid, and the State should not be 
subject to any expense on that account. 

[ Section 380 ] 

In January 1903, there was published in the New York 
and London papers notices to the depositors of “West Vir¬ 
ginia Deferred Certificates” under the agreement of de¬ 
posit dated July 28, 1898, stating that a plan of settlement 



142 


Government in Virginia 


of the public debt of West Virginia had been formulated 
and approved by the Advisory Board. 

[ Section 381 ] 

On February 1, 1905, Hon. Randolph Harrison made an 
address before the Finance Committee of the two Houses of 
the West Virginia Legislature, the sub-committtee of the 
Commission having been invited by such Finance Commit¬ 
tees, to give the reasons for Virginia’s action in inviting 
West Virginia’s attention to the subject. 

[ Section 382 ] 

On November 25, 1905, the Committee and Commis¬ 
sion executed a contract between them. This contract, 
after reciting that the action of West Virginia in its auth¬ 
orities’ absolute refusal to treat the subject at all, had left 
the Virginia Commission and Attorney General no possible 
means of bringing about a settlement which they were 
charged with making without resort to the court having 
jurisdiction of controversies between States. 

[ Section 383 ] 

The Committee agreed on behalf of the depositors to 
accept such amount in cash or securities as may be deter¬ 
mined in the said suit to be due or as may be realized 
through any settlement from the State of West Virginia in 
full settlement and satisfaction of all claims on account of 
said certificates, and on account of the bonds therein men¬ 
tioned, and to accept as discharge and acquittance of all 
claims in the premises against the State of Virginia, such 
adjudication against the State of West Virginia. 

[ Section 384 ] 

The suit was duly brought, and was conducted with 
ability worthy of the litigants and the court. The first de- 



Suit Virginia vs. West Virginia 


143 


cision on the merits was on March 6, 1911, reported in 220 
U. S. p. 1. Holmes J. determined that the debt amounted 
to $30,563,861.56 as of January 1st, 1861, to be apportioned 
according to estimated value of the real and personal pro¬ 
perty of the two States at the time of separation—June 20, 
1863, and that excluding slaves West Virginia’s share was 
23.5 per cent., making her share of the principal of the 
debt, $7,182,507.46. 


[ Section 385 ] 


The question of interest was left open to afford op¬ 
portunity for conference and adjustment. This was done 
out of the consideration due to the character of the parties, 
and because this was “a quasi-international difference re¬ 
ferred to the court in reliance upon honor and constitu¬ 
tional obligations of the States concerned.” 


[ Section 386 ] 


Mr. Justice Hughes rendered the opinion of the court 
on the 14th of June, 1915, 238, U. S. p208—the second 
opinion on the merits. 

The Master had reported the $14,511,945.74 of joint as¬ 
sets applicable to the public debt were: 

Cash in Sinking Fund $ 819,250.03 

Stock in R. F. & P. Railroad 323,167.36 

Other stock loans, etc. 7,352,594.65 

Interest and dividends prior to January 1, 


1861 

Bank stock 


Stock sold A. M. & O. Railroad 
Stock in James River & Kanawha Canal 


345,554.80 

3,802,357.48 

204,688.42 


Company 


1,664,333.00 


14,511,945.74 




144 


Government in Virginia 


The Court added to the Master’s estimate 
of assets what was credited to Vir¬ 
ginia in the settlement with the Uni¬ 
ted States in 1903 417,215.70 


making 14,929,161.44 

It gave West Virginia credit for 23 y 2 % of 

the $14,929,161.44, amounting to 3,508,352.94 
Less money and securities received by 
West Virginia from the Restored Gov¬ 
ernment of Virginia and found by 
the Master as due Virginia 541,467.76 


Making the credits allowed West Vir¬ 
ginia 2,966,885.18 


23%% of principal debt of $30,563,861.56 

was 7,182,507.46 

Deduct credits allowed West Virginia as 

above 2,966,885.18 


Total principal due by West Virginia un¬ 
der the second decision of the Court 
on the merits of case 4,215,622.28 


Interest January 1, 1861 to July 1, 1891 

(4%) 5,143,059.18 

Interest July 1, 1891 to July 1, 1915 

(3%) 3,035,248.04 


Total interest 8,178,307.22 

Principal as above 4,215,622.28 


Makinsr the total amount of the decree 
with interest from July 1, 1915 at 5% 

12,393,929.50 










West Virginia Settlement 


145 


XXII. West Virginia Settlement. 

[ Section 387 ] 

On the 1st day of April, 1919, the extra session of the 
West Virginia Legislature, called by Governor Cornwall, of 
that State passed the law for the settlement of the judg¬ 
ment of the Supreme Court. 

That settlement in brief amounted to this: 

Principal and Interest of judgment $12,393,929.50 
Interest from July 1, 1915 to Janu¬ 
ary 1, 1919 (5%) 2,168,937.60 


Total principal and interest January 

1, 1919 $14,562,867.10 

to which is to be added y 2 cost 
of said suit when taxed and cer¬ 
tified. 


This was settled as follows: 

(a) Cash payment $ 1,062,867.16 

with interest at 5% from Janu¬ 
ary 1,1919 till payment 

(b) West Virginia 20-year Bonds 
dated January 1, 1919, bearing 
3 y 2 % interest payable semi¬ 
annually, July 1, and January 1, 

of each year, of the face value of 13,500,000.00 


$14,562,867.16 

[ Section 388 ] 

Bonds were issued for the said $13,500,000, dated Janu¬ 
ary 1, 1919, payable at the Treasurer’s Office of West Vir¬ 
ginia, or at such agency in the city of New York as may be 
designated by the State of West Virginia, at the option of 
the holder, January 1, 1939, with the right of the State to 
redeem any of said bonds at any time before maturity at 
par, with accrued interest at the rate of 3 y 2 % per annum 
from date—payable semi-annually, July 1st and January 1st 






146 


Government in Virginia 


of each year—and in case of coupons upon presentation 
and surrender of the same. Principal and interest payable 
in gold coin of the U. S. of the present standard of weight 
and fineness. The bonds to be signed by the Treasurer and 
countersigned by the Auditor. The coupons to contain the 
signature of the Treasurer which may be engraved thereon. 

[ Section 389 ] 

The Auditor and Treasurer to issue and deliver coupon 
bonds to the aggregate number of face value of $12,366,500. 
to the Commonwealth of Virginia acting by and through the 
said Virginia Commission, and take proper receipt therefor 
in full discharge of the balance of the judgment aforesaid, 
the State of Virginia to file with the Board of Public Works 
of the said State of West Virginia a full and complete item¬ 
ized statement or list of Virginia Deferred Certificates which 
have been deposited with the Commonwealth of Virginia 
or subject to her control upon passage of this act. 

[ Section 390 ] 

The residue, called Reserve Bonds, of the face value of 
$1,133,500. were retained by the Board of Public Works of 
West Virginia to be held “in escrow” that the State of West 
Virginia might have the benefit of the distributive share in 
the proceeds of the judgment of such “Virginia Deferred 
Certificates” as might have been lost or destroyed; but the 
Board of Public Works were to deliver to the Common¬ 
wealth of Virginia acting by and through said Virginia Com¬ 
mission all said reserve bonds in excess of the amount 
necessary to exchange for Virginia Deferred Certificates 
which had not been certified as deposited with the Common¬ 
wealth of Virginia or subject to her control at the time this 
act took effect. 


[ Section 391 ] 

The purpose being that only such bonds shall be retain¬ 
ed in escrow for exchange as represented the distributive 



West Virginia Settlement 


147 


share of such Deferred Virginia Certificates in the fund aris¬ 
ing from the settlement of the judgment aforesaid as should 
not have been, at the time this act took effect, deposited 
with said Virginia Commission or subject to its control. 

[ Section 392 ] 

Provision was made for fractional certificates ex¬ 
changeable for Reserve Bonds when presented in sums of 
$100. or multiples thereof. 

[ Section 393 ] 

On January 1, 1939, such Reserve Bonds with interest 
coupons attached so uncalled for by the said Virginia Com¬ 
mission or authorized representatives of Virginia to be con¬ 
clusively presumed to have been lost or destroyed and be 
immediately cancelled. 

[ Section 394 ] 

One-twentieth in amount of such fund each year was 
to be applied in the Treasury of West Virginia to credit of 
the Sinking Fund, to be used annually to purchase bonds 
at a rate not above par and accrued interest, and to be can¬ 
celled and record kept thereof. 

[ Section 395 ] 

Taxes to be laid by the Board of Public Works on all 
real and personal estate subject to taxation, to pay interest 
on bonds and the principal of bonds to be purchased as 
aforesaid during the year. To be collected in the usual way 
and deposited to the credit of the Sinking Fund unless some 
other funds in the State Treasury in any fiscal year are 
sufficient. Provision was made for payment of interest by 
the Treasurer every six months, and for printing the bonds 
and paying costs. 



148 


Government in Virginia 


[ Section 396 ] 

The total issue of West Virginia Cer¬ 
tificates (called also Virginia 
Deferred) at the time of the 
settlement act of West Virginia, 

April 1, 1919, was $18,234,154.40 


Interest Bearing 16,978,917.40 

Non-interest Bearing 1,255,237.00 


$18,234,154.40 


[ Section 397 ] 

On April 5, 1919, of the $15,488,692,29 spoken of as in 
the hands of the public, the Virginia Commissioners by the 
Brown Brothers depository held $14,350,000. in round num¬ 
bers,—leaving something more than a million to be collect¬ 
ed from the Virginia Commission as provided in act of 
settlement. 

THE BENEFITS OF VIRGINIA QUA STATE. 

[ Section 398 ] 

She has been allowed a credit of $541,467.76, and she 
was allowed in addition, in cash $22,425.84 

in bonds 438,268.90 

under decree of the Circuit Court of the City of Richmond, 
Virginia. 

She has removed from her good name the imputation 
of being a repudiator. She has made the defendant who 
reported that Virginia owed her nearly $500,000. pay four 
millions and more of principal and eight millions and more 
of interest with five per cent, thereon, from July 1, 1915. 

She has the satisfaction of seeing a former partner 
upon the judgment of a court restore at least a part of the 
assets of the original partnership and has had the same ap¬ 
plied to the payment of partnership debts. 






The Revenue 


149 


HOW THE DISTRIBUTION WAS MADE. 

[ Section 399 ] 

The fund has been paid to the holders of the West Vir¬ 
ginia Certificates described above. The amount received 
by the State has been appropriated by the Legislature of 
Virginia to the office building in the southeastern corner of 
the Capitol Square. 

XXIII. The Revenue 

[ Section 400 ] 

A Frenchman once said that the Revenue was the 
State. While technically he was wrong, there is much 
force in the idea which he intended to convey; that civil¬ 
ized states are very dependent upon their revenue. 

[ Section 401 ] 

The revenue has been defined as the annual return laid 
by authority for the public use. The sources of revenue 
in Virginia are taxes imposed by the Legislature and levies 
laid by local authority (not to speak of taxes put on by the 
Congress and known as Federal taxes). 

[ Section 402 ] 

The Constitution of Virginia provides that no other or 
greater amount of tax or revenue shall, at any time, be levi¬ 
ed than may be required for the necessary expenses of the 
government or to pay the indebtedness of the State. It 
also provides that all taxes, licenses, and other revenue of 
the State shall be collected by its proper officers and paid 
into the State Treasury. No money shall be paid out of the 
State Treasury except in pursuance of appropriations made 
by law, and these appropriations are limited to two years 
after the end of the session of the General Assembly 
authorizing the same. It also requires that every law by 
which the General Assembly allows a debt to be created or 
a loan made, shall provide for a sinking fund to be main- 



150 


Government in Virginia 


tained for the payment or redemption thereof. This has 
been held to apply to State debts and loans. The Confed¬ 
erate Debt cannot be paid; but a tax may be levied on real 
and tangible personal property, not to exceed five cents on 
the hundred dollars of assessed value thereof for pensions 
to Confederate Soldiers. The only method of raising the 
revenue for State purposes is by taxation. The only excep¬ 
tion being that the Governor is authorized to make a tem¬ 
porary loan in case of emergency. Every dollar paid into, 
or out of the Treasury, has to be accompanied by an order 
from one of the two auditors of the State. In this way the 
Treasurer’s books are checked and balanced. 

XXIV. Segregation and Taxation. 

[ Section 403 ] 

In 1915 a new system of taxation was put into operation 
as provided by the Constitution known as Segregation 
which separated certain objects of taxation for State taxes, 
and certain other objects for local levies. The principle had 
been tried in a few other states, and it was thought wise to 
attempt it in Virginia. The argument in its favor was that 
if the localities, the towns, and cities, and counties could 
have the money that was laid by their local governments 
upon the lands and tangible personal property, spent within 
their borders, they would the more willingly support their 
schools, their roads and their local government than if they 
had to pay part of the money from such sources to the 
State Government. And so the plan was tried, so that the 
localities should have the levies arising from their lands and 
tangible personal property, and the State should have as 
taxes, the money raised on the intangibles and that raised 
from corporations, etc. There was excepted, however, 
from this arrangement even at first, a ten cent tax on the 
hundred dollars of value laid on all local subjects mention¬ 
ed, for state schools, as the Constitution required that 
such a levy should be made, and it was feared that to omit 
that feature might be unconstitutional. 



Segregation 


151 


[ Section 404 ] 

It was soon discovered, however, that the program did 
not work, and that even the provisions which allowed the 
localities to lay a levy upon intangibles to a certain limited 
extent was ineffectual, and that the localities were no more 
anxious to raise their own rates than they had been when 
both State taxes and local levies were assessed at a like 
valuation. The taxable values for 1923 were $1,889,305,- 
013. 

[ Section 405 ] 

The result has been, that since 1915 when such segre¬ 
gation was adopted with the ten cent state school tax laid 
on all real and tangible property in the localities, there has 
now been added a state tax of fifteen cents on such real and 
tangible property, making such tax twenty-five cents on the 
hundred dollars worth of such real and personal property 
of which amount fourteen cents goes to state schools; ten 
cents to state roads and one cent goes to the Health De¬ 
partment. 

[ Section 406 ] 

The General Assembly of 1922 reduced the tax on notes 
and bonds from seventy-five cents to thirty-five cents, and 
allowed a local levy not exceeding twenty cents. The tax 
on capital was kept at eighty-five cents, with a local levy 
not exceeding thirty cents. That on money is twenty cents 
on the hundred dollars and no local levy is permitted. 
Bank stocks are taxed at twenty-five cents with a local levy 
allowed not to exceed eighty-five cents in counties. Shares 
of stock (those incorporated in Virginia pay no tax) 
pay eighty cents with a local levy not to exceed thirty cents. 
Public Service Corporations are taxed 1.68 on the hundred 
of their aross earnings. The Inheritance Tax for 1923 
was $323,736. 

[ Section 407 ] 

Since 1922 the tax payer has no right to deduct amount 
owed by him, from the market value of bonds, notes or oth¬ 
er evidences of debt owned by him. 



152 


Government in Virginia 


[ Section 408 ] 

There is a capitation tax of one dollar and fifty cents 
(1.50) upon each citizen of the State over twenty-one, of 
which one-third goes back to the localities for use by the 
Board of Supervisors. The two-thirds retained by the 
State goes to the schools. An Inheritance Tax Commis¬ 
sioner for each county and city is provided. 

[ Section 409 ] 

In addition to the money received by the State from the 
collection of taxes as mentioned, there are receipts from 
various other sources which come indirectly but are of 
quasi public service and are received and disbursed by 
State officials. 

[ Section 410 ] 

For the year ending September 30, 1923, there was 
collected and paid into the State Treasury the gross sum of 
$25,492,955.27, which with the balance on hand at the be¬ 
ginning of the fiscal year of $2,499,362.30, made a total of 
$27,992,317.57. 


XXV. Receipts. 

[ Section 411 ] 


Payments into the Treasury from all sources during 
the year ending September 30, 1923, aggregated $23,931,- 
413.74, (exclusive of payment of $1,561,541.53 by railroads 
of franchise taxes for 1923 paid in advance) and were from 
the following sources in the percentages given: 


Automobile license taxes for construction and main¬ 
tenance of roads. 

Bank stock, taxes on. 

Captation taxes. 

Charter fees.. 

Corporations (public service; railroads, etc.). 

Deeds, wills, etc., taxes for recording, probating, etc., 
tax on suits, etc.,.... 


.1308 

.0093 

.0398 

.0045 

1409 

.0191 









State Receipts 


153 


Excess fees of officers. 

Federal aid and other receipts for roads. 

Fines and other receipts for Literary Fund. 

Franchise taxes, other than on public service corpora¬ 
tions . 

Income, taxes on. 

Inheritance, collateral and direct, taxes on. 

Insurance companies, license tax. 

Interest on taxes and deposits.. .. 

Judges’ salaries, receipts from counties and cities to 

pay their portion. 

License taxes. 

Money, taxes on. 

Motor fuel tax. 

Omitted taxes. 

Oysters, taxes on, etc.,. 

Penalty on taxes.. 

Penitentiary, from hire of convicts. 

Personal property, taxes on.• • • • 

Public printing, refunds out of appropriations by de¬ 
partments, hospitals, institution, etc. 

Real estate, taxes on. 


.0047 

.1512 

.0164 

.0182 

.0464 

.0135 

.0422 

.0043 

.0032 

.0760 

.0054 

.0119 

.0034 

.0041 

.0025 

.0037 

.0953 

.0032 

.0953 


Registration fees on corporations. 

Tax on transfer at death of personal property of non- 

rgsidents . 

Taxes and fees for support of departments, other 

special funds. 

Miscellaneous receipts. 


.0044 

.0044 

.0311 

.0148 


Total 


1.00 


DISBURSEMENTS: 


[ Section 412 ] 

Payments out of the Treasury for all purposes during 
the year ending September 30, 1923, aggregated $26,562,- 
012.58, and were as follows in the percentages given: 





























154 


Government in Virginia 


Capitation taxes returned counties and cities, one- 

third of amount collected.0099 

Commissions to commissioners of revenue, 

examiners of records, postage, etc.,.0123 

Contingent expense of courts.0017 

Criminal charges.0232 

Crop Improvement Association, expended for.0002 

Excess fees of officers, the half returned counties 

and cities.0022 

Pines and forfeitures and other receipts paid over to 

Second Auditor for the Literary Fund.0086 

Forest reserve, disbursed to counties in which reserves 

are located.0002 

General Assembly, expense of, etc.,.0023 

Horticulture, expended for.0002 

Hampton Roads Port Commission, expense of.0002 

Hospitals, support, improvements, etc.,.0429 

Inheritance taxes returned counties and cities to be 

used for schools, one-half of amount collected.. . .0059 

Institutions, support, improvement, etc.,.0861 

Military, support of.0044 

Officers of government, salaries, expenses, contingent 

and traveling.0309 

Over payments into the treasury refunded.0041 

Oysters, protection of.0029 

Penitentiary and State Farm, and per diem allowance 

to prisoners.0100 

Pensions, payment of.0365 

Prohibition, Department of, to enforce.0021 

Public debt, to pay interest on and to provide sinking 

fund to settle.0362 

Public printing, expense of.0050 

Public free schools, support of.1914 

Public roads, construction and maintenance of.3975 

Reformatories, supports, improvements, etc.,.0074 

State boards, bureaus and departments: 

Agriculture.0067 

Auto fund, Secretary of Commonwealth. 0052 





























State Disbursements 


155 


Banking.0017 

Censors, moving picture.0007 

Co-operative Educational Association.. .0001 

Crop Pest.0007 

Dairy and Food.0026 

Game, also Dog Fund.0081 

Geological.0024 

Health (including special tax for 

tuberculosis).0093 

Industrial Commission.0024 

Insurance.0019 

Medical Examiners.0001 

Public Welfare.0003 

War History Commision.0002 .0424 


State office building, for erection of, etc.,.0215 

State Rehabilitation Fund, expended from.0010 

Travelers aid societies, expended for.0004 

Truck Experiment Station, expended for.0009 

Virginia Commission for the Blind, expenses of.0004 

Virginia State fair, expenses for.0002 

Vocational education, expended in conjunction with 
the United States to carry out provisions of 

Smith-Hughes Act of Congress.0037 

Miscellaneous expenses of government, etc.,.0052 


Total. 1.00 


[ Section 413 ] 

The fiscal agents of the State as mentioned are the 
Justices of Peace who lay fines upon offenders against the 
law; the clerks of the Courts who receive the fines thus 
imposed, as well as fines laid by the Courts and 
juries; the County and City Treasurers or collectors who 
collect the State taxes; the two Auditors at the Capital on 
whose order funds collected, or arising from any other 
source or agency are accounted for; and the State Treasur- 




























156 


Government in Virginia 


er who receives such moneys and pays them into the vari¬ 
ous banks known as State Depositories. 

[ Section 414 ] 

The money received from the various sources men¬ 
tioned is accounted for by the various officers at the times 
and in the manner provided by law, and such accounting 
entered upon the books required to be kept by them. No 
money belonging to the State or any department of the 
State can be paid into the State Treasury except upon the 
order of one of the Auditors. Nor can it be paid out except 
upon a like order. 


[ Section 415 ] 

The reason of this is that by this means only, can the 
State’s accounts be accurately checked up and made to 
balance. 


[ Section 416 ] 

Every collection or receipt of public moneys required 
by law, should pass through one of the Auditors’ books and 
be paid into the Treasury. Thus only can an accurate state¬ 
ment and balance sheet of the Commonwealth be made. 
Then the Treasurer’s books and the books of the two Audi¬ 
tors would show the State’s revenue and the disposition of 
it. As no money can be paid into or out of the Treasury 
except upon the warrant of one or the other of the Audi¬ 
tors, so all the State’s revenue should be deposited in the 
Treasury. To illustrate. The money for the public 
schools which the Treasury holds in the various Banks is 
paid out upon the order of the State Board of Education. 
That which comes from the taxes on the tax bills is paid to 
the local treasurers for the Schools twice a year on the war¬ 
rant of the Auditor of Public Accounts, and the rest of the 
school money is paid to those entitled upon the warrant of 
the second Auditor. Upon such warrants, the State 




Row Accounts Kept 


157 


Treasurer inserts the name of the Bank he wishes to pay 
the amount and signs his name, thus making these checks. 
By this method the Auditors receive the original orders of 
the Board of Education as their vouchers; the Treasurer 
receives the cancelled checks from the banks as his 
vouchers, and his books are balanced with those of the 
Auditors. 


[ Section 417 ] 

So, when the interest on the public debt is paid, or 
when the Board of Sinking Fund Commissioners purchase 
the State’s bonds for the purpose of reducing the public debt 
as provided by law, the Chairman of the Board of Sinking 
Fund Commissioners calls upon the Auditor of Public Ac¬ 
counts to draw his warrant upon the Treasurer for the 
amounts as provided by Statute. Thereupon the warrant 
endorsed by the President of the Board of Sinking Fund 
Commissioners is put to the credit of the Sinking Fund 
upon the Treasurer’s books and upon the books of the 
Sinking Fund, and the checks for the holders of the State’s 
bonds who draw interest thereon or who choose to sell 
them to the Sinking Fund are issued therefor to such 
holders signed by the President of the Board, and by the 
Treasurer of the State. 

[ Section 418 ] 

As in the case above cited, the cancelled checks and 
the cancelled bonds come back as the Treasurer’s vouch¬ 
ers, the cancelled coupons in case of interest on ‘‘bearer 
bonds” are the vouchers of the Sinking Fund Commission¬ 
ers, and the entry upon Registered Interest Ledger of the 
payment of registered interest, and the cancellation of 
bonds bought for the Sinking Fund upon the Individual 
Ledger account, constitute the proof of the Sinking Fund 
Commissioners’ action. Similar entries are made of the 
transfer and cancellation of bonds and of the cancellation 
of coupons for interest on “bearer bonds” in the Office of 
the Treasurer. 



158 


Government in Virginia 


XXVI. The Fee System. 

[ Section 419 ] 

From the settlement of the country, following the 
custom of the English law from which our institutions 
are derived, public officials acting as the administrative 
servants of the government dealing directly with individ¬ 
ual matters personal to the citizen, have been paid by a 
charge made for such personal service against the party 
receiving such benefit. 

[ Section 420 ] 

Thus, though every detail of such charge is regulated by 
Statute, difficulties arise which appear at times to threaten 
the whole system, and certain such difficulties appear in 
the eyes of some law makers worthy to overthrow the 
system, which has been the growth of many generations. 
The chief difficulty arises from the inequalties which exist 
in various localities. The Clerks, sheriffs, sergeants, con¬ 
stables, magistrates, and other officers paid by fees collect¬ 
ed from litigants or others requiring their service in large 
cities and counties receive much more than those officials 
in smaller cities and municipalities. This, of course, is due 
only to the fact that in the large places there is more to be 
done; not that there is any difference in the individual 
charge for similar service. 

[ Section 421 ] 

To meet this difficulty, a limit has been suggested to 
the amount to be received by certain officials during a 
year’s service, the excess, if any, to be paid into the treas¬ 
ury, after oath taken, as to the amount. The objections 
to this method are that while the large county officials re¬ 
ceive a large amount for large service, the small county or 
town official receives but little; and if Rockingham officials 
pay a certain amount into the treasury for the benefit of 
the State for services rendered by them, will not the State 
have to do something to help the officials from New Kent. 
The matter is now in embryo, and there has been some 
hysteria about the matter. 



Fee System 


159 


[ Section 422 ] 

They who see the question from another angle say 
that collections made for larger service if limited will 
tend to limit the service, and that if the officer who serves 
two warrants receives after a certain amount the same that 
another receives for serving one, he may be tempted to 
think himself unfairly dealt with. And, futhermore, that 
the man who has very few warrants to serve may think 
the State should look after his interest and see that no 
harm happens to him for lack of opportunity through no 
fault of his, in the light of the fact that she has taken 
something from another whom she says had a superfluity 
of opportunity. The doctrine which has been crystalized 
into a maxim may well be considered in this matter: “he 
who bears the burden, should receive the reward.” 

[ Section 423 ] 

The State has the right to equalize the pay for similar 
service; the danger to the State’s revenue lies is the fact 
that if she proposes to make such an equalization, she can¬ 
not apply the rule only to the few at the top of the fist, but 
will in justice have to meet the demands of those who im¬ 
patiently abide an inequitable plan. For a dozen Justices 
of the Peace who receive large salaries, there are many who 
do not receive enough to pay for their horse feed, if they 
go on horseback to hold their courts. 

[ Section 424 ] 

The clerk who issues the writ of attachment against a 
debtor starting across the State fine, and the sheriff who is 
awaiting the process that he may serve it before the debtor 
leaves the State even though they go without dinner and 
supper may not feel called to act so promptly or to fore¬ 
go their comfort if they know that they are to receive noth¬ 
ing for their diligence. 



160 


Government in Virginia 


[ Section 425 ] 

In the case of commissions allowed Treasurers and 
Collectors the difficulty has in a measure been met as al¬ 
ready mentioned by allowing a larger commission for the 
small amounts collected, and by scaling down that com¬ 
mission in proportion to the increase, until a maximum 
figure is reached, on which, and on the Excess of which the 
minimum commissions are allowed. 

[ Section 426 ] 

Statement Showing The Receipts And Disbursements Of 
The Literary Fund Through The Second Auditor’s 
Office For The Years, 1912-1923. 


YEAR 

RECEIPTS 

DISBURSEMENTS 

1912 

$ 953.000.01 

$ 878,663.19 

1913 

861,344.40 

874,098.04 

1914 

910,177.05 

920,383.13 

1915 

1,023.276.26 

991.599.57 

1916 

1,044,583.23 

1,004,109.85 

1917 

1,064,512.55 

1,119,176.16 

1918 

1,150.077.75 

1,028,945.50 

1919 

1,497,082.25 

1,363,526.67 

1920 

1,482,617.15 

1,575,586.04 

1921 

2,557,554.16 

2,525,723.02 

1922 

2,621,567.37 

2,582,501.10 

1923 

2,375,166.32 

2,368,233.54 


$17,540,958.50 

$17,232,545.81 


[ Section 427 ] 

Statement Showing The Fines Received By The Literary 
Fund For The Years, 1912-1923, Included Above. 

Years Amounts 

1912 $146,737.54 

1913 124,323.09 





Fines for Literary Fund 


161 


1914 

128,270.17 

1915 

123,130.21 

1916 

139.023.00 

1917 

120,959.00 

1918 

154,760.04 

1919 

346,851.04 

1920 

310,591.61 

1921 

308,744.88 

1922 

16,210.66 Prohibition (nett) (1) 

1922 

287,363.20 Other than prohibi¬ 
tion 

1923 

41,642.46 Prohibition (nett) (2) 

1923 

180.040.80 Other than prohibi¬ 
tion 


$2,428,667.70 
[ Section 428 ] 

The Act 1922 required that prohibition fines, and for¬ 
feitures should be reported separately. 

Note 

(1) Between June 18th, 1922, and 
September 30th, 1922, the re¬ 
ceipts from Prohibition fines, 

and forfeited property were $30,193.91 
Less amount paid for enforce¬ 
ment of Prohibition law 13.983.25 $16,210.66 

(2) For the year ending Sept. 30, 

1923, the receipts from Prohibi¬ 
tion fines and sale of forfeited 
property were $209.896.46 

Less amount paid for enforcement of 

Prohibition law 186,254.00 $41,642.46 






162 


Government in Virginia 


[ Section 429 ] 

The fines which are imposed in the Commonwealth for 
violation of the law, are much abated because in the muni¬ 
cipalities, such fines are imposed as violations of ordin¬ 
ances and not for violation of the State’s laws, though the 
offense is in violation of law as well as of town ordinance. 


[ Section 230 ] 

Statement Showing The Outstanding Literary Fund School 
Loans For The Years, 1912-1923, Inclusive. 


YEAR 

1912 

1913 

1914 

1915 

1916 

1917 

1918 

1919 

1920 

1921 

1922 

1923 


AMOUNT 
$ 680,375.73 
795,283.08 
863,635.32 
961,124.11 
1,017,249.47 

1.174.176.34 

1.165.995.34 
1,151,421.79 
1,511,466.16 
1,808,468.50 
2,105,040.69 
2,366.627.61 


The table above shows the outstanding “Long Term 
and Special Election Bonds”, and the “School Loan Bonds”, 
both of which have been described already. The former 
are issued under Special Acts of Assembly, and the latter 
under the Act of March 15th, 1906, and its amendments. 


[ Section 431 ] 

The School Loans are represented by 8659 bonds payable 
through the fifteen years since their issue. Of their due 
dates, notices are sent to the School Superintendents and 
School Boards thirty days before hand. 






Great Legislative Acts 


163 


[ Section 432 ] 

With its five millions of Literary Fund Investments, and 
its annually increasing addition from fines and forfeitures, 
those interested in the Educational Welfare of the State 
may well congratulate themselves. From it, the University 
of Virginia and the Medical College of Virginia were large¬ 
ly built; Emory and Henry College aided; and the State as¬ 
sisted during the Civil War. In ten years, its growth has 
been a matter of pride to all interested:—from $2,604,610.36 
to $4,883,454.89. 

[ Section 433 ] 

For the year 1923, fifteen Treasurers and two Clerks 
of 17 counties; three Commissioners of the revenue, five 
Clerks, two Sergeants, one High Constable, three treasurers, 
and one Examiner of Records of thirteen cities refunded 
excess of fees amounting to nearly one hundred thousand 
dollars. Of this amount one half is returned to the County 
or City where it is collected. The sums so returned ranged 
from $15.54 to $11,065.55. 

XXVII. Great Legislative Acts. 

[ Section 434 ] 

Among the great acts that have been enacted within 
recent years have been the act for the settlement of the 
Public Debt; the act for bringing West Virginia to recog¬ 
nize her share of the Public Debt due by the old State at 
the time Virginia was divided; the act allowing, and affirm¬ 
ing the Baylor survey of the oyster lands so as to define and 
delineate the oyster rocks, and thus prevent the destruc¬ 
tion of the State’s wealth of holdings in the waters; the 
acts for the Health Department; for the Industrial Com¬ 
mission ; for the Compulsory Education of children; for the 
taxing of automobiles; for establishing a Highway System 
of Roads; for the admission of women into the University; 
the act which destroyed Open Barrooms; and the act which 
allowed the School Districts of the State to borrow at a 



164 


Government in Virginia 


low rate of interest the capital of the Literary Fund for 
the purpose of building good school houses all over the 
Commonwealth. 


[ Section 435 ] 

There are many other enactments of great value, but 
these appear of such universal application, as to make them 
a benefit to all the people of the Commonwealth. 


XXVIII. Checks and Balances. 

[ Section 436 ] 

The Constitution requires that the General Assembly 
shall provide by law for the establishment and mainten¬ 
ance of an efficient system of checks and balances between 
the officers at the seat of the government entrusted with 
the collection, receipt, custody, or disbursement of the rev¬ 
enues of the State. 


[ Section 437 ] 

This has been done very effectively, in pursuance of 
another provision of the Constitution, which requires the 
General Assembly at each regular session to appoint a 
Standing Committee, consisting of two members of the 
Senate and three of the House of Delegates, to be known 
as the Auditing Committee, who shall annually or oftener 
in its discretion examine the books and accounts of the 
Executive Officers at the seat of Government, whose duties 
pertain to auditing and accounting for State revenue, and 
report the result of such investigations to the Governor, 
and cause the same to be published in two newspapers of 
general circulation in the State. 



FJxamination of Accounts 


165 


[ Section 438 ] 

The Governor is required to submit such reports to 
the General Assembly for appropriate action. The com¬ 
mittee may sit during the recess of the General Assembly, 
and employ accountants to assist in the investigations. 

[ Section 439 ] 

The power thus conferred has been duly exercised, 
and report duly made accompanied by the certificate of 
the State accountant as to each department; which certi¬ 
ficate is accompanied by a detailed statement, and where 
there is one, by the balance sheet of the department exam¬ 
ined. 


[ Section 440 ] 

Thus there are examined in detail, and due report 
thereof made and published of the following: 

Adjutant General 

Attorney General 

Enforcement Prohibition 

Auditor of Public Accounts 

Blue Ridge Sanitorium, Charlottesville, Va. 

Board of Censors 
Board of Public Welfare 
Board of Education 
Board of Health 
Board of Medical Examiners 
Board of Pharmacy 
Bureau of Vital Statistics 
Catawba Sanitorium 

Colony of Epileptics and Feeble Minded, Madison 
Heights 

Commission of Fisheries 

Commissioner of Agriculture and Immigration 
Commissioner of Labor and Industrial Statistics 
Corporation Commission—Bureau of Insurance, Bank¬ 
ing Division 



166 


Government in Virginia 


Convict Road Force 

Dairy and Food Commission—Department of Agricul¬ 
ture 

Division of Markets 
Game and Inland Fisheries 
Geological Commission 
Highway Comission 

Hospital for Insane, Central, Petersburg; Eastern, 
Williamsburg; Southwestern, Marion; Western, Staunton 
Industrial Commission 
Legislative Reference Bureau 
Lime-grading Plant, Irvington, Staunton 
Lee Camp Soldier’s Home 
Library 

Motor Vehicle Commissioner 

Normal School for Women—(State Teachers’ College) 
Farmville, Fredericksburg, Harrisonburg, Radford. 

Normal and Industrial Institute, Petersburg. 
Penitentiary 

Piedmont Sanitorium, Burkeville, Va. 

Public Printing 
Purchasing Commission 
Register of the Land Office 
Second Auditor 

Secretary of the Commonwealth 

State Accountant 

State Farm, Lassiter, Va. 

State Treasurer 
Tax Board 

University of Virginia 

Va. Agricultural and Mechanical College and Polytech¬ 
nic Institute 

Va. Home and Industrial School for Girls, Bon Air, Va 

Va. Industrial School for Boys 

Va. Journal of Education 

Va. Manual Labor School, Hanover, Va. 

Va. Military Institute 

Ya. School for Deaf and Blind, Staunton, Va. 

Va. School for Colored Deaf and Blind, Newport News. 



Checks and Balances 


167 


Va. Truck Experiment Station, Norfolk, Va. 

War History Commission 

William and Mary College. 

[ Section 441 ] 

In addition to the Examination thus reported there is 
the check already referred to in a previous article, that no 
money can be either paid into the Treasury, or paid out of 
the Treasury of the State, except upon the order of one of 
the two Auditors. 

The reason is obvious. The Treasurer’s books must 
balance with those of the two Auditors. 

[ Section 442 ] 

In addition to the accounting above mentioned, the 
State Accountant is required to audit once in two years the 
accounts of all local officers handling State Funds. This 
applies to County Treasurers, County Clerks, etc. This 
provision has been the means of helping many faithful of¬ 
ficials in locating some errors and delinquencies and thus 
benefitting the commonwealth. It is gratifying to know 
that the local officers cave without exception manifested a 
hearty cooperation in this work. 



168 


Government in Virginia 


XXIX. Conclusion 

[ Section 443 ] 

There is much ignorance as to the Government of 
Virginia among those who have no opportunity to inform 
themselves. 

Unfortunately, lack of information does not go hand 
in hand with modesty; for those least informed are often 
the loudest in their condemnation. 

[ Section 444 ] 

The Government of Virginia is based upon the original 
foundation laid by the convention of 1776, as already de¬ 
scribed, and as recently called by an eminent citizen, the 
first complete written instrument of government ever put 
in force by a free people. That constitution and Bill of 
Rights have been the model for many states. Its prin¬ 
ciples have with-stood the changes of time and revolutions 
of men; but they have been the safe-guards of liberty, 
wherever found. 

[ Section 445 ] 

A criticism sometimes heard is that there is a lack of 
efficiency in certain quarters and an amount of expense 
that in the opinion of the critics might be saved. The 
pathetic feature of such criticism is that it generally pro¬ 
ceeds from a lack of appreciation of the work which the 
conduct of a great State entails. 

[ Section 446 ] 

A favorite argument is to point to some other State 
where certain offices known in Virginia do not exist, and 
where perhaps taxes on a given subject are lower than in 
Virginia, or not even imposed. 

It often happens that states are cited, who have refus¬ 
ed to recognize their obligations, and have repudiated their 
indebtednesssfsor that make certain localities do what Vir¬ 
ginia does as a Commonwealth. 




State Fiscal Department 


169 


[ Section 447 ] 

Some years ago a distinguished citizen suggested that 
if the Fiscal Department of the state were conducted as a 
Bank is conducted there would be greater efficiency. 

The answer was made that'it was a matter of Nomen< 
clature; and that if the Governor were called President of 
the Bank, the Auditors the Tellers, the Treasurer the 
Cashier, the revenue the deposits, the tax-payers and voters 
the stockholders, the Legislature the Board of Directors, 
and the various Departments, the clerks, book-keepers, etc., 
there would be the perfect analogy between the State’s 
Financial Management and that suggested. 

[ Section 448 ] 

Complaint is sometimes made that certain officials re¬ 
ceive an undue amount of salary for their services. If 
they do, it is a very simple matter to reduce the amount 
by act of the General Assembly, and not make the dozen 
cases where such a state of affairs exists ground for con¬ 
tinual complaint, or for continued efforts to change the 
fundamental working of the government. 

[ Section 449 ] 

Any one can see faults in the working of any plan of 
government, but only those who can suggest the remedy 
are to be heard. 

To take an illustration. There is fault found with 
what is called the great inequalities in the assessments. 
Taking 41.4 as the average per cent of assessments to 
sales made in counties and cities, ten counties are below 
20 per cent. 


[ Section 450 ] 

The assessments are made of land once in five years 
by an assessor appointed by the Circuit Court of the Coun¬ 
ties and by the Hustings Court of the Cities. The assess¬ 
ments of personal property, and of the improvements made 



17.0 


Government in Virginia 


on land in the way of new building, etc. are made annually 
by a Commissioner of the Revenue who is elected in the 
district, county or city in which he serves. 

[ Section 451 ] 

The remedies so far suggested are not thought to be 
feasible; for they go counter to every principle of Demo¬ 
cratic government. 

The suggestion that a Tax Board or Tax Boards cen¬ 
trally located can assess the lands and personalty of the 
Commonwealth is an impossibility. 

The suggestion that the sales of lands in a community 
is to be the guide, is equally unreliable; for they are often 
based upon sentimental, or accidental values. 

[ Section 452 ] 

The city man’s estimate of farm lands, and the farmer’s 
estimate of city real estate are at times inaccurate and im¬ 
possible of being taken as a guide. The country man says 
the city apartment house brings in more revenue than ten 
miles square of his farm lands. The city man says the 
farmer’s timber is worth ten times the revenue from a va¬ 
cant city block. 


[ Section 453 ] 

Perhaps some equitable basis may be devised, but it 
will not be by the constant re-iteration of what every body 
knows that there are inequalities; but by the wisdom of the 
practical men who by patience, and laboriousness can show 
how the wrong can be corrected. 


[ Section 454 ] 

Government in Virginia is in the hands of her own 
people. Her burdens are by no means grievous as the re¬ 
sult of her laws. 




The Commonwealth 


171 


Her faithful officials with the few exceptions already 
noted are perhaps the poorest paid of any great State in 
the Union. The Constitution as already stated limiting the 
Governor’s salary to five thousand dollars has had the ef¬ 
fect of keeping down every other salary in the Common¬ 
wealth far below what similar labor receives in commercial 
fife. Presidents of Banks, Railroads, and Corporations re¬ 
ceive salaries many fold greater than the great positions of 
the State. But they who conduct the affairs of govern¬ 
ment have the satisfaction of knowing that even at the 
small salaries they receive there are always some of their 
fellow-citizens who regard them as the favored class and 
blessed beyond measure—as indeed they are—in being al¬ 
lowed to serve the Commonwealth of Virginia. 

[ Section 455 ] 

A great Commonwealth is more than a business corpor¬ 
ation, more than any corporate enterprise, more than any 
financial undertaking. It is the association of all who are 
entitled to dwell within her borders in such an orderly and 
well designed way of living as to enable the best to be 
promoted without damage to others, and to secure to them 
and their posterity the blessings of life, liberty and the pur¬ 
suit of happiness. 

Tempore, prima, imperio atque in corde tuorum, 
Virginia! 


Finis. 





























































































































































































































































































































































































































INDEX 


The Index is both Questionnaire and Key. 


Absent Voters, Section 28. 

Accountant, (Lit’y.) Fund, Section 111. 

Accountant (State), Sections 342. 439, 440, 442. 

Acts, Great, Section 434. 

Additional Courts, Section 60. 

Adjutant General, Section 239 
Administration Board, Section 81. 

Advisory Board (West Virginia Debt), Section 376. 

Agencies of Government, Section 4. 

Agencies, Quasi, Section 337. 

Agricultural Board, Sections 93-98. 

Agricultural Commissioner, Section 94. 

Agricultural Schools, Sections 105, 122, 127. 

Amendment to Constitution, Sections 6, 11. 

Amount of Tax Collected (1923), Section 410. 

Amphictyonic Council, Section 5. 

Analogy, City to State Government, Section 81. 

Analogy, State Fiscal Department to Bank, Section 447. 
Apportionment of State, Section 19. 

Appraisers, Section 62. 

Appropriations by Board of Supervisors, Section 77. 
Appropriations by Council (City and Town), Section 79, etc. 
Appropriations by General Assembly, Sections 32, 402, 412. 
Assessment (of Land), Section 450. 

Assessment of Railroads, etc., Section 154. 

Assessors, Section 4. 

Athens, a Pure Democracy, Section 7. 

Attorney for Commonwealth, Sections 72, 81. 

Attorney-General, Sections 69, 242. 

Auditing Committee, Section 33. 

Auditor Public Accounts, Sections 44, 45. 

Author’s Qualification, Section 3. 

Bag-limit (Huntsman’s), Section 302. 

Balancing Between Treasurer and Two Auditors, Section 415. 
Ballots, Sections 24, 25. 

Banks, Section 223. 

Banking Division, Sections 222, 225. 

Bank Examiners, Section 225. 

Bank, Stock Valuation, Section 177. 

Barbour, Father Literary Fund, Section 102. 

Basement Offices, Sections 44, 45. 




174 


Index 


Bill of Rights, Section 5. 

Birds, Shooting for Amusement Forbidden, Section 297. 

Birds, Not to be Sold, Section 297. 

Blue Ridge Sanitorium, Section 440. 

Board of Agriculture, etc., Sections 93-98. 

Board of Architects, Section 338. 

Board of Canvassers, Section 49. 

Board of Censors, Section 238. 

Board of Education, Section 99. 

Board of Examiners, Section 338. 

Board of Health (City and County), Sections 75-91, 230. 

Board of Health (State), Section 227. 

Board of Pharmacy, Section 338. 

Board of Public Welfare, Sections 309-313. 

Board of Supervisors, Sections 77-117. 

Foard of Surveyors, Section 338. 

Board of Trustees, Section 110. 

Board of Visitors, Section 110. 

Boards and Commissions, Sections 92, 319, 338. 

Books, School (When Furnished), Section 107. 

Bonds (Va.), Sections 347-352. 

Bonds (W. Va.), Section 338. 

Budget System, Sections 343-346. 

Building Commissioner, Section 91. 

Bureau of Insurance, Section 205. 

Bureau of Insurance Fund, Section 220. 

Bureau of Labor, etc., Sections 252-256. 

Bureau of Vital Statistics, Section 236. 

Canals, Assessed, Section 154. 

Capitation Tax, Sections 23, 116, 126, 408. 

Century Act, Sections 197, 357. 

Chairman State Highway Commissioner, Section 179. 

Charters, Section 154. 

Checks and Balances, Sections 46, 436, 441. 

Circuit Courts, Section 59. 

City, What, Section 79. 

City Attorney for Commonwealth, Section 81. 

City Attorney, Section 81. 

City by Classes, Section 60. 

City Building Commissioner, Section 91. 

City Clerk, Section 82. 

City Collector, Sections 129-139. 

City and Town Council, Section 86. 

City Courts, Section 60, 68. 

City Electoral Board, Section 23. 

City and Town Government, Sections 79-91. 

City and Town Government; Analogy to State Government, Sec¬ 
tions 16, 81. 



Index 


175 


City Officials (Terms), Section 82. 

City Police and Fire Department, Section 83. 

City School Board, Section 140. 

City Wards (Changed), Section 81. 

Classes of Cities, Section 60. 

Clerks of Courts, Sections 62, 72, 81. 

Clerk of General Assembly, Section 20. 

Collection (City Levies), Sections 129-139. 

Collections (City and Town), Section 129. 

Collection (State Taxes), Sections 129-139. 

Commissions Run in Name of Commonwealth, Section 41. 
Commissions and Boards, Sections 319, 338, 92. 

Commissioner of Fisheries, Sections 275, 329. 

Commission on Simplification, Sections 329, 340. 

Commission on Uniformity of Laws, Section 331. 

Commissioners of Accounts, Section 276. 

Commissioner of Agriculture, etc., Section 94. 

Commissioner of Labor, Sections 252, 256. 

Commissioner of Public Institutions and Hospitals, Sections 332, 333. 
Commissioner of Public Welfare, Section 309. 

Commissioner of the Revenue, Section 72. 

Commissioner of State Hospitals, Section 330. 

Commonwealth, Section 455. 

Commonwealth’s Attorney, Sections 72, 81, 352, 306. 

Commonwealth More Than Corporation, Section 455. 

Comparison With Other States, Section 446. 

Compensation (Workmen’s Act), Sections 260-274. 

Complaints, Section 448. 

Compulsory Education, Section 106. 

Conclusion, Sections 443, 444. 

Confederate Soldiers, Sections 50, 139. 

Confederate Memorial Association, Section 337. 

Confederate Museum, Section 337. 

Connecticut Trecking Resolves, Section 5. 

Consol Act, Sections 197, 350. 

Constable, Section 78. 

Constitution (U. S.), Section 6. 

Constitution (Va.), Section 7. 

Constitution of Virginia, First Ever Written, Section 5. 

Constitution and Statutes (Difference), Section 9. 

Constitution to Contain Only General Principles, Section 12. 
Constitution, Value of Written, Section 11. 

Constitutional Conventions, Section 10. 

Co-operative Educational Association, Section 337. 

Coroner, Section 78. 

Corporation Commission, Sections 154-171. 



176 


Index 


Corporation (Inimical), Section 174. 

Corporation (Stocks and Bonds), Section 174. 

Counties, Section 17. 

County and City Treasurers, Sections 72, 129-139. 

County Clerk, Sections 62, 72, 81. 

County Electoral Board, Section 23. 

County Government, Section 72. 

County Levy, Sections 129-139. 

County Officers, Sections 72-78. 

County School Board, Sections 140, 143-150. 

County Surveyor, Section 72. 

County Treasurer’s Commissioners, Sections 129-139. 

Councilman (City) Not to Hold Office Filled by Council, Section 81. 
Critics, Sections 445-449. 

Crop Pest Commissioner, Section 325. 

Curators, Section 62. 

Dairy and Food Commissioner, Sections 303-308. 

Deaf and Blind School, Section 99. 

Debt (Public), Sections 347-352. 

Debt (Advisory Board), Section 376. 

Debt (Committee), Section 376. 

Debt (Virginia Bondholders’ Commission), Section 372. 

Declaration of Independence, Section 5. 

Declaration of Rights, Section 5. 

Dedication, Section 1. 

Deferred Certificates, Section 380. 

Definition of Government, Section 4. 

Delegates, Section 18. 

Democracy (Pure), Section 8. 

Democracy Representative, Section 8. 

Dental Examiners, Section 338. 

Department of Agriculture, etc., Sections 93-98. 

Department of Mines, Section 254. 

Depositories (State), Section 49. 

Detour Roads, Section 202. 

Dickenson County, Section 18. 

Directors (State Library), Section 100. 

Disbursement (Government), Section 412. 

Discrimination by Rail Roads, Section 176. 

Distributies School Money, Sections 118, 139. 

District (Legislative), Section 19. 

District (Magisterial), Section 77. 

Division (Benefits), Section 16. 

Division Exceptions, Section 15. 

Division of Markets, Section 327. 




Index 


177 


Division of Powers, Section 13. 

Division Superintendent of Schools, Section 74. 

Dog Laws, Section 301. 

Drunk (Who Are), Section 248. 

Druggist, Section 246. 

Education (State Board of), Section 99. 

Elections, Section 21. 

Election, Congressional, Section 8. 

Election, Day of, Section 21. 

Election of General Assembly, Sections 18, 21. 

Election, Primary, Section 29. 

Electoral Board (County and City), Sections 23, 91. 
Electoral Board (State) Section 21. 

Electorate, Section 22. 

Eminent Domain, Sections 147, 168. 

Equalization of Taxation, Sections 451-453. 

Escheated Land, see “Literary Fund.” 

Examiners of Records, Sections 76, 317. 

Examination by State Accountant, Sections 439, 440. 
Expenditures (Primary), Section 199. 

Expenses (Bureau of Insurance), Section 215. 

Executive Department, Sections 34, 36-42. 

Eye, Ear and Throat Infirmary, Section 337. 

Factory Inspector, Section 252. 

Farmville State Teachers’ College, Sections 99, 440. 
Father of Literary Fund, Section 102. 

Federal Constitution, Section 6. 

Federal Courts, Section 8. 

Federal Government, Section 8. 

Fee Commission, Section 320. 

Fee System, Sections 419-425, 433. 

Fellow Servant (Doctrine Abolished), Section 171. 
Female Normal Colleges, Section 99. 

Fertilizers, Section 96. 

Field Trials, Section 298. 

Free Passes (Forbidden), Section 170. 

Fredericksburg Normal Colleges, Section 99. 

Frequent Legislatures! (Need of), Section 12. 

Finance Board, Section 49. 

Finances of School, Section 129. 

Fiduciaries (to Examiners of Record), Sections 76, 317. 
Fish Ladders, Section 300. 

Fisheries (Commission of), Sections 76, 329. 

Fisheries (Inland), Section 275-302. 



178 


Index 


Pines (to “Literary Fund”), 9. v. 

Fires and Police Department, Section 83. 

Fires, Report of, Section 213. 

Fiscal Agencies, Sections 44, 45, 413. 

Fiscal Department (Analogy With Banks), Section 447. 

Fiscal, Department of State, Sections 44, 45. 

Food, Section 307. 

Forestry Department, Section 22. 

Foreign Corporations, Sections 172, 173. 

Forfeited Vehicles, Section 250. 

Fox Hunting, Section 110. 

Fredericksburg State Teachers’ College, Section 440. 

Funding Bills, Sections 354-359, 196. 

Game Commissioner, Section 279. 

Game and Inland Fisheries, Sections 275-302. 

Game Protection Fund, Section 290. 

Game Sanctuaries, Section 298. 

Game Wardens, Sections 279, etc., 76. 

Gasoline Tax, Section 204. 

General Assembly, Sections 17-21. 

General Assembly (Powers), Section 32. 

General Principles Only (for Constitution), Section 12. 

Geological Commission, Sections 321, 440. 

Geological Survey, Section 323. 

Government Agencies, Section 4. 

Government Officials (Faithful), Section 454. 

Government Threefold (Federal, State, Local), Section 6. 
Government in Virginia, Sections 3, 454. 

Governor, Sections 36-42, 343. 

Governor Veto, Section 42. 

Graduated Nurse Board, Section 338. 

Grand Jurors, Section 71. 

Grants (in Name of Commonwealth), Section 41. 

Grayson, Wm., Section 6. 

Great Acts, Section 434. 

Gross Earning (of Rail Roads) Taxed, see “Corporation Commission.” 
Grouchers, Sections 445-449. 

Guardians, Section 62. 

Habeas Corpus (Not to be Suspended), Section 31. 

Harrisonburg State Teachers’ College, Section 440. 

Health Board (County and City), Sections 75, 91. 

Health (State Board of), Section 227. 

Health Commissioner, Section 228. 

Henry, Patrick, Section 6. 




Index 


179 


Highway Commission, Sections 178-204. 

Highway Commission Contracts, Section 189. 

Highway Commission Construction Districts, Section 188. 
Highway Commission, Expenditures, Section 199. 

Highway Commission, Resources, Section 199. 

Highway System, Section 195. 

High Schools, Sections 120, 127. 

History (War Commission), Sections 324, 440. 

Home Economics, Section 122. 

Home and Industrial School for Girls, Section 440. 

Home for Needy Confederate Women, Section 337. 

Hope of the Future, Sections 4, 53, 454. 

Hospital Boards, Sections 334-336. 

Hospital Commissioner, Section 330. 

Hospitals for Insane, Sections 334, 440. 

Hunter’s (License), Sections 284, 293, 302. 

Hunting Forbidden When, Section 297. 

Ice Cream, Section 307. 

Immigration Board, Sections 93-98. 

Impeachments, Section 32. 

Improvements (Real Estate), Section 450. 

Income Tax (Federal), Section 8. 

Indirect Taxes, Section 8. 

Industrial Commission, Sections 257-273. 

Industrial School for Boys, Section 440. 

Inequality (of Assessments), Section 449. 

Infections, Diseases, Section 233. 

Inheritance Tax, Sections 45, 406, 409. 

Inland Fisheries, Sections 275-302. 

Insane (Hospitals for), Sections 334, 340. 

Issues (Stocks and Bonds), Section 177. 

Insurance Bureau, Sections 201-221. 

Insurance Commissioner, Section 213. 

Insurance (Insolvent Companies), Section 211. 

Insurance Rates, Section 218. 

Intangibles (Taxes on), Section 406. 

Interest (on Public Debt), Section 416. 

Intoxication, Section 248. 

Introduction, Section 2. 

Investment (of Literary Fund), Sections 114, 432. 

Jefferson, Thomas, Section 5. 

Journal of Education, Section 440. 

Judiciary Department, Sections 52-71. 

Supreme Court of Appeals, Section 53. 

Circuit Courts, Section 59. 



ISO 


Index 


City Courts, Section 60. 

Land Registration Courts, Section 61. 

Magistrates Courts, Sections 4, 70, 78. 

Judges, Sections 68-67. 

Judicial Circuits, Section 59. 

Justices, Sections 40, 70, 78. 

Jurors, Section 71. 

Keeper of Public Grounds, Section 45. 

Labor Bureau, Sections 252-256. 

Labor Commissioner, Sections 252, 256. 

Ladders (Fish), Section 300. 

Land (How Assessed), Section 450. 

Land Owner May Trap or Shoot, When, Section 297. 
Land, Registration Courts, Section 61. 

Land Taken for Roads, Sections 200, 201. 

Land Valuation, Section 450. 

Law Librarian, Section 100. 

Law (What?), Sections 4, 31. 

Lee Camp Soldiers’ Home, Section 440. 

Lee, Henry, Section 6. 

Legal Examiners, Section 337. 

Legislative Department, Sections 17-21, 32-35. 

Legislative Reference Bureau, Sections 314, 315. 

Levies by Locality, Section 117. 

Librarian (State), Section 100. 

Library Board, Section 100. 

License, Sections 284, 307. 

Lieutenant Governor, Section 43. 

Lime-Grinding Plants, Section 440. 

Limit Bonded Debt (City or Town), Section 90. 

Listing (Improvement Real Estate), Section 450. 

Listing, Personalty, Section 450. 

Literary Fund, Sections 5, 112, 426, 427. 

Literary Fund Investments, Sections 114, 432. 

Livestock (Sanitary Board), Section 326. 

Loans for Schools, Sections 112, 430, 431. 

Local Boards, Sections 73-75. 

Local Board of Health, Sections 75, 231. 

Local School Committee, Section 150. 

Local School Levies, Section 104. 

Local School Money, Section 117. 

Local Treasurers (to Collect School Money), Section 129. 
Lotteries Forbidden, Section 32. 


Madison, James, Section 6. 



Index 


181 


Magistrate’s Courts, Sections 4, 70, 78. 

Magisterial Districts, Section 77. 

Magisterial Districts (a School District), Section 100. 

Magna Carta, Section 5. 

Manager (Town or City), Section 4. 

Manual Training Schools, Section 105. 

Manual Labor School (Colored), Section 440. 

Markets (Division of), Section 327. 

Marshall, John, Section 6. 

Mason, George, Section 6. 

Mayor (of City or Town), Section 81. 

Mayor’s Veto, Section 85. 

Medical Examiners, Section 338. 

Mercer, Chas. F., Section 122. 

Military, Sections 238-240. 

Military Board, Section 239. 

Miller, Samuel, School Board, Section 100. 

Mines (Department of). Section 254. 

Mixed Schools Forbidden, Section 108. 

Money (How Valued), Section 72. 

Money, Taxed on, Section 406. 

Monopolies Forbidden, Section 174. 

Motor Vehicle Commission, Sections 317, 440. 

McCullough Bill, Section 353. 

Names of Highways, Section 183. 

National Guard, Section 240. 

Noland, Wm., Section 102. 

Nomenclature, Section 447. 

Normal Colleges (Female), Sections 99, 440. 

Normal and Industrial Institute (Colored), Section 440. 

Normal Schools, Section 105. 

Notaries, Section 71. 

Number of Judicial Circuits, Section 59. 

Object of Law (Intitle), Section 31. 

Officers Elected by People at Large. 

Governor, Sections 36-42. 

Lieutenant Governor, Section 43. 

Secretary of Commonwealth, Section 26. 

State Treasurer, Section 44. 

Corporation Commissioners, Section 152. 

Commissioner of Agriculture and Immigration, Section 94. 
Attorney General, Sections 69, 242. 

Superintendent Public Instruction, Section 100. 

Officers Elected by People of Localities: 




182 


Index 


Attorney for Commonwealth, Sections 72, 81. 
Clerks of County, Sections 62, 72. 

Commissioners of the Revenue, Section 72. 

General Assembly, Section 18. 

Sheriff, Section 72. 

Treasurers (County and City), Section 129. 

City Sergeants, Section 78. 

Mayors, Section 81. 

Councilmen, Section 117. 

Collectors (City and Town), Section 129. 

Officers Elected by Districts and Wards: 

County Supervisors, Section 77. 

Justices of the Peace, Section 78. 

Constables, Section 78. 

Overseers of the Poor, Section 78. 

Councilmen, Section 117. 

Officers Elected by Legislature: 

Judges, Section 358. 

Three Members Board of Education, Section 99. 
Auditor Public Accounts, Section 44. 

Second Auditor, Section 44. 

Register of Land Office, Section 45. 

Public Printer, Section 45. 

Tax Board, Section 76. 

Officers Appointed by Governor: 

Board of Agriculture, etc., Section 93. 

Board of Visitors, Section 110. 

Highway Commissioners, Section 178. 

Labor Commissioner, Section 252. 

Adjutant General, Section 239. 

Notaries, Section 71. 

State Board of Health, Section 227. 

Health Commissioner, Section 228. 

Industrial Commissioners, Section 257. 
Commissioner of Fisheries, Section 329. 

Purchasing Commissioner, Section 319. 

Budget Director, Section 343. 

Colonels on Staff, Section 240. 

State Board of Public Welfare, Section 309. 
Legislative Reference Bureau Director, Section 314. 
Dairy and Food Commissioner, Section 303. 
Committee on Uniformity of Laws, Section 331. 
Officers Appointed by the Courts: 

Law Librarian, Section 100. 

Coroner, Section 78. 

Assessors of Lands, Sections 78, 450. 



Index 


183 


Inheritance Commissioners, Section 409. 

County and City Boards Public Welfare, Section 312. 
Superintendents of the Poor, Section 72. 

County Surveyor, Section 72. 

County Electoral Board, Sections 23, 91. 

One Member School Electoral Board, Sections 74, 91. 
Officers Appointed by Boards: 

Division Superintendent of Schools, Section 74. 
Examiner of Records, Section 317. 

Registrars, Section 23. 

Judges of Election, Section 23. 

Clerks of Election, Section 23. 

School Trustees, Section 91. 

Local Health Boards, Section 75. 

Police and Firemen (Cities and Counties), Section 91. 
State School Supervisors, Section 99. 

State Library Board, Section 100. 

State Librarian, Section 100. 

School Teachers, Sections 120, 121. 

Two Associates (Board of Education), Section 99. 

Bank Examiners, Section 225. 

Office (Oath of), Sections 29, 78. 

Office (When it Begins), Section 29. 

Office (Who May Hold), Section 28. 

Officers, Section 28. 

Officials (Cities and Towns), Section 82. 

Official Acts (Examined), Section 440. 

Officials (Poorly Paid), Section 454. 

Officials (How Removed), Section 32. 

Officials (How Impeached), Section 32. 

Oleomargerine, Section 307. 

Origin of Fires, Section 213. 

Overseer of the Poor, Section 78. 

Plan of Book, Section 4. 

Pharmacy Board, Section 338. 

Pauper Counties (Misnomer), Section 139. 

Pay-in Warrants, Section 47. 

Percentages of Distribution (Taxation), Section 412. 
Percentages of Receipts (Taxation), Section 411. 

Peeler Act, Section 187. 

Penitentiary, Sections 332-3. 

Pension (Soldiers’), Sections 50, 139. 

Pension (Teachers’), Sections 51, 111. 

Personal Representatives, Section 62. 

Personal Property (Listed), Section 450. 

Piedmont Sanitorium, Section 440. 




184 


Index 


Pigeons, Shooting When. Prohibited, Section 297. 

Police and Fire Department, Sections 83, 91. 

Poll Books, Section 23. 

Poll Tax, Sections 22, 23, 116, 408. 

Poor, Superintendent of, Section 72. 

Poor, Overseers of, Section 78. 

Population, School, Sections 119, 139. 

Postage, Section 8. 

Powers of General Assembly, Section 32. 

Powers of Highway Commission, Sections 181, 182. 

Pre-requisite to Voting, Sections 22, 23, 116, 408. 

Presidential Electors, Section 8. 

Primaries, Section 29. 

Prohibition Department, Sections 241-251. 

Prohibition Fines, Section 428. 

Prohibition, To Enforce, Section 249. 

Probate of Wills, Section 62. 

Public Debt, Sections 4, 44, 347-352. 

Public Funds (Not for Private School), Section 109. 

Public Instruction (Superintendent of), Section 100. 

Public Institutions and Prisons, Sections 332, 333. 

Public Printing, Sections 45, 440. 

Public Schools, Sections 99-105. 

Public Welfare (State Board of), Sections 301-313. 

Public Works, Section 166. 

Purchasing Commission, Sections 319, 440. 

Qualification of Author, Section 3. 

Qualification of County School Boards, Section 142. 

Qualification of Officers, see “Officers.” 

Qualification of Voters, Sections 27, 28. 

Quarantine Board, Section 231. 

Quasi—State Agencies, Section 337. 

Radford State Teachers’ College, Section 440. 

Railroad (Not to Discriminate), Section 176. 

Railroad Property (How Assessed), Section 154. 

Railroad, Taxed on Gross Earnings. See “Corporation Commission ” 
Randolph, Edm., Section 6. 

Rate of Taxation, Section 406. 

Rate on Intangibles (State and Local), Section 406. 

Rates of Insurance, Section 218. 

Ratification of Federal Constitution (by Virginia), Section 6. 
Readjustment, Section 365. 

Real Estate (How Assessed), Section 450. 

Receipts of Government (Percentages), Section 411. 

Reference Bureau (Legislative), Sections 314, 315, 



Index 


185 


Register of Land Office, Sections 45, 440. 

Registrar, Section 23. 

Registration, Sectionsi 23, 26. 

Remedies Suggested Undemocratic, Section 451. 

Removal of Judges, Section 66. 

Reports, Section 440. 

Representative Democracy, Section 7. 

Retired Teachers' Pension Fund, Sections 51, 111. 

Reserved Powers, Section 6. 

Revenue, Sections 48, 400-410. 

Revenue of Schools, Sections 117, 118, 124-131, 139. 

Revenue from Taxation Only, Section 402. 

Richmond, Fredericksburg and Potomac R. R., Sections 176, 348. 
Riddleberger Act (1882), Sections 197, 357. 

Road Construction Districts, Section 188. 

Road Expenditures, Section 199. 

Road Resources, Section 199. 

Road, State Taxes, Section 405. 

Rural Graded Schools, Section 127. 

Salary of Governor (paltry), Section 12. 

Salaries of Teachers, Section 121. 

Sanctuary for Game, Section 298. 

Sanitoriums, Sections 234, 235. 

School and College Certificates, Section 109. 

School Boards (County and City), Sections 140, 143-153. 

School Buildings, Section 123. 

School Children, Section 119. 

School, Colored, Deaf and Blind, Section 440. 

School, Finance, Section 129. 

School for Deaf and Blind, Sections 99, 440. 

School Loans, Sections 112, 430, 431. 

School Money (Distribution), Sections 115, 139. 

School Population, Sections 119, 126, 139. 

Schools, Public Free, Sections 99-105. 

School, Property, Section 123. 

School Rates, Section 125. 

School Salaries, Section 121. 

School Supervisors, Section 99. 

School System, Sections 99-105. 

School Revenue, Sections 117, 118, 124-131, 139. 

School Taxes (State), Section 405. 

School Teachers, Section 120. 

School Trustee Electoral Board, Sections 74, 91. 

School Trustee (Man or Woman), Section 100. 

Second Auditor, Sections 44, 45, 111, 440. 



186 


Index 


Secrecy of Ballot, Section 25. 

Secretary of Commonwealth, Sections 26, 35. 

Segregation, Sections 103, 403. 

Senate (State), Section 18. 

Separation of Powers Necessary, Sections 15, 16. 

Sergeants (City), Section 78. 

Sex (No Bar to Suffrage), Sections 6, 22. 

Sheriff, Sections 72, 78. 

Simplification of Government Committee, Sections 339, 340. 
Sinking Fund, Section 402. 

Sinking Fund Commissioners, Section 359. 

Smith-Hughes Act, Section 122. 

Soldiers Pensions, Sections 50, 139. 

Special Session General Assembly, Section 19. 

State Accountant, Sections 341, 342, 440. 

State Board of Health, Section 227. 

State Board of Public Welfare, Section 309. 

State Capitation Taxes, Sections 22, 23, 116, 408. 

State Electoral Board, Section 21. 

State Farm, Section 440. 

State Fiscal Agents, Sections 44, 45. 

State Highway Commission, Sections 178, 204. 

State Library, Section 341. 

State Poll Taxes, Sections 22, 23, 116, 408. 

State Revenue, Sections 48, 400-410. 

State Road Taxes, Section 405. 

State Sanitary Board (Live Stock), Sections 308, 326. 

State School Taxes, Sections 118, 405. 

State Senate, Section 18. 

State Tax Board, Sections 76, 316-318, 440. 

State Teachers’ College, Sections 99, 440. 

State Treasurer, Sections 44, 45. 

State Tuberculosis Taxes, Section 405. 

State Veterinarian, Section 308. 

Stocks and Bonds, Section 177. 

Substituted Trustees, Section 62. 

Suffrage (Not Barred by Sex), Sections 6, 22. 

Sunday Hunting Forbidden, Section 297. 

Superintendent of the Poor, Section 72. 

Superintendent of Public Instruction, Section 100. 
Supervisors (Board of), Sections 77, 104. 

Supreme Court of Appeals, Section 53. 

Supreme Power, Sections 5-7. 

Surveyor (County), Section 72. 

Tangibles (Tax on), Section 405. 

Tariff (U. S.), Section 8. 



Index 


187 


Taxable Values, Section 404. 

Taxation, Sections 402-410. 

Tax on Tangibles, Section 405. 

Tax on Intangibles, Section 406. 

Tax Collected (1923), Section 410. 

Tax Board, Sections 76, 316-318, 440. 

Tax Limits, Section 402. 

Tax on Money, Section 406. 

Tax on Railroads, Section 406. 

Tax Reduction, Section 306. 

Tax (Tuberculosis), Section 405. 

Tax for Roads, Section 405. 

Tax by Legislature, Section 402. 

Tax for Schools (State), Section 405. 

Teacher Training, Section 122. 

Teachers’ Pension, Sections 51, 111. 

Teachers’ Salaries, Sections 120, 121. 

Technical Schools, Section 105, 122. 

Ten-Forty (1879), Acts, Section 196. 

Term of General Assembly, Section 20. 

Term of City Officials, Section 82. 

Three-fold Government, Section 6. 

Title, Section 1. 

Tickets, Section 24. 

Town and City Government (Analogy to State), Section 16. 
Torrens Courts, Section 61. 

Towns, Section 79. 

Trapping, Sections 296, 297. 

Treasury Disbursements, Section 412. 

Treasury’s Receipt, Section 411. 

Treasurers (County and City), Sections 129-139. 

Treasurers (Local) Commissions, Sections 129-139. 
Treasurer (State), Sections 44, 45, 440. 

Treasury (State), Sections 49, 416, 418. 

Trecking Resolves (Conn.), Section 5. 

Treaties (as to Game), Section 302. 

Truck Experiment Station, Sections 328, 440. 

Trust Companies*, Section 224. 

Trustee of Schools (Man or Woman), Section 100. 
Tuberculosis Taxes, Section 405. 

Twelve Tables, Section 5. 

Tyler, Governor, and Education, Section 102. 

Uniformity of Laws (Committee on), Section 331. 

Unit of School System, the County, Section 140. 

United States, Section 8. 

University of Virginia, Section 99. 

Unwise Legislation, Section 12. 




188 


Index 


Vaccination Compulsory, Section 230. 

Valuation, see “Real Estate, “Personal Property.” 

Value School Property, Section 123. 

Value of Written Constitution, Section 11. 

Vehicles Forfeited, Section 250. 

Veterans Not Required to Pay Poll Tax, Section 22. 
Veterinarian (State), Sections 308, 326. 

Veterinary Examiners, Section 326. 

Veto (by Governor), Section 42. 

Veto (by Mayor), Section 85. 

Virginia Deferred Certificates, Section 380. 

Virginia Debt Commission, Section 372, etc. 

Virginia Industrial School for Boys, Section 440. 

Virginia Home and Industrial School for Girls, Section 440. 
Virginia Journal of Education, Section 440. 

Virginia Manual Labor School (Colored), Section 440. 
Virginia Military Institute, Sections 99, 440. 

Virginia Polytechnic Institute, Section 440. 

Virginia Ratification of U. S. Constitution, Section 6. 
Virginia Representative Democracy, Section 7. 

Virginia School for Deaf and Blind, Section 440. 

Virginia School for Colored Blind, Section 440. 
Virginia-West Virginia Settlement, Section 398. 

Virginia and West Virginia, Section 384. 

Virginia Truck Experiment Station, Section 328, 440. 

Vital Statistics, Section 232. 

Vital Statistics (Bureau of), section 236. 

Visitors (Boards of), Section 110. 

Vocational Education, Section 122. 

Vocational School Act, Section 122. 

Voters, Sections 22, 27, 28. 

Voting (Pre-requisites to), Sections 22, 23, 116, 408. 

War History Commission, Sections 324, 440. 

Wards of City (Changed), Section 81. 

Washington Government, Section 8. 

Washington, George, Section 6. 

Welfare, State Board of Public, Section 309. 

West Virginia ads Virginia, Section 384. 

West Virginia Certificates, Section 380. 

West Virginia Claim, Section 365. 

West Virginia Debt, Sections 360-397. 

West Virginia Debt Distribution, Section 399. 

West Virginia Judgment, Section 386. 

West Virginia Reserve Bonds, Section 390. 

West Virginia Settlement, Sections 387, 388. 


*> 




Index 


189 


William and Mary College, Sections 99, 109, 440. 
Williams School Loan Act, Section 112. 
Workmen’s Compensation Act, Sections 260, 274. 
Woman's State Colleges, Sections 99, 440. 

Women Notaries, Section 71. 

Women to Vote and Hold Office, Sections 22, 28. 
Writs, etc., Section 68. 

Written Constitution (Value of), Section 11. 
Yeardley Convention, Section 5. 
























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